Shortfall Damages. If, in any Billing Year, Seller fails to meet the Output Guarantee, Seller shall pay to Purchaser, as liquidated damages, an amount (the “Shortfall Damages”) equal to the product of (i) the amount (in kWh) by which the Output Guarantee for the Billing Year exceeds the actual Output to Purchaser during such Billing Year times (ii) the positive difference between (A) the average all-in rate ($/kWh) as reasonably calculated by Purchaser by using the prior twelve (12) months host utility xxxxxxxx, paid or payable by or on behalf of Purchaser to the Utility for electricity supplied by the Utility (taking into account any and all distribution service, customer, distribution demand, and electricity supply service charges, and all other charges, riders, and adjustments) to the Project Site minus
Appears in 6 contracts
Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement
