Common use of RTE Test and Liquidated Damages Clause in Contracts

RTE Test and Liquidated Damages. For each Measurement Period following the Commercial Operations Date, the Facility shall be required to complete a RTE Test or otherwise demonstrate satisfaction of the RTE Performance Metric, as more fully set forth in Attachment T (Facility Tests) to this Agreement. For each Measurement Period for which the Facility fails to demonstrate that it satisfies the RTE Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, in the amount to be calculated as provided in this Section 4.6(a) (RTE Test and Liquidated Damages), upon proper demand at the end the Measurement Period in question.

Appears in 4 contracts

Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement

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