Shortfall Charge Clause Samples
Shortfall Charge. In the event that ▇▇▇▇ Atlantic has failed to satisfy the Interim Purchase Commitment by the end of the third year following the Effective Date, and to the extent such failure is not proximately caused by negligent or otherwise wrongful acts or omissions of Genuity or any Genuity agent or by Genuity's breach of the Agreement, or is not otherwise excused under the Agreement (e.g., Force majeure), ▇▇▇▇ Atlantic shall pay Genuity the difference between the Interim Purchase Commitment and the total of the Included Items specified in Section A, above, for years 1 through 3 (the "Interim Shortfall Charge"). In the event that ▇▇▇▇ Atlantic has failed to satisfy the Purchase Commitment by the end of the Initial Term, and to the extent such failure is not proximately caused by negligent or otherwise wrongful acts or omissions of Genuity or any Genuity agent or by Genuity's breach of the Agreement, or is not otherwise excused under the Agreement (e.g., Force majeure), ▇▇▇▇ Atlantic shall pay Genuity the difference between: (i) the Purchase Commitment less any Interim Shortfall Charge; and (ii) and the total of the Included Items specified in A, above for the Initial Term (the "Shortfall Charge").
Shortfall Charge. 3.6.1 If, following Provisional Acceptance / Completion of Performance Testing, the Installed Capability of the Providing Units is less than the Contracted Maximum Available Volume, then the Service Provider will be liable to pay to the Company liquidated damages in the amount of €106,000 (one hundred and six thousand euro) per/MVA.s in respect of each MVA.s that the Installed Capability is less than the Contracted Maximum Available Volume (the “Shortfall Charge”), whereupon the Contracted Maximum Available Volume shall for all purposes be equal to the Installed Capability on the Go-Live Date. For the avoidance of doubt, the Contracted Maximum Available Volume shall only be so adjusted if the Installed Capability of the Providing Unit is less than the Contracted Maximum Available Volume following Provisional Acceptance / Completion of Performance Testing.
3.6.2 Where appliable pursuant to Clause 3.6.1, the Shortfall Charge shall be paid by the Service Provider to the Company in accordance with Schedule 3.
Shortfall Charge. Shortfall Charge means the greater of zero and the amount calculated using the below formula: Renewable Energy Rate means the Renewable Energy Rate as specified in the Schedule.
Shortfall Charge. 3.6.1 If, following Provisional Acceptance / Completion of Performance Testing, the Installed Capability of the Providing Units is less than the Contracted Maximum Available Volume Threshold, then the Service Provider will be liable to pay to the Company liquidated damages in the amount of €106,000 (one hundred and six thousand euro) per/MVA.s in respect of each MVA.s that the Installed Capability is less than the Contracted Maximum Available Volume Threshold (the “Shortfall Charge”), whereupon”). 3.6.13.6.2 If, following Provisional Acceptance / Completion of Performance Testing, the Installed Capability of the Providing Units is less than the Contracted Maximum Available Volume, then the Contracted Maximum Available Volume shall for all purposes be equal to the Installed Capability on the Go-Live Date. For the avoidance of doubt, the Contracted Maximum Available Volume shall only be so adjusted if the Installed Capability of the Providing Unit is less than the Contracted Maximum Available Volume following Provisional Acceptance / Completion of Performance Testing.