Common use of Shortfall in Generation Clause in Contracts

Shortfall in Generation. In case the project generates and supplies energy less than the energy corresponding to the minimum CUF, the Power Producer will be liable to pay to GUVNL penalty for the shortfall in availability below such contracted CUF level at 50% of the PPA Tariff. This will, however, be relaxable by GUVNL to the extent of grid non-availability for evacuation (beyond the Delivery Point) which is beyond the control of the Power Producer. The amount of such penalty will be calculated @ 50% of PPA Tariff for the shortfall in generation (in energy terms) during the Contract Year. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with GUVNL, affecting supply of wind power by the Power Producer.

Shortfall in Generation. In case the project generates and supplies energy less than the energy corresponding to the minimum CUFCUF (Calculation of CUF will be on yearly basis), the Power Producer will be liable to pay to compensate GUVNL penalty for the shortfall in availability below such contracted CUF level at 5075% (seventy-five per cent) of the PPA Tariff. This will, however, be relaxable by GUVNL to the extent of grid non-availability for evacuation (beyond the Delivery Point) which is beyond the control of the Power Producer. The This compensation shall be applied to the amount of such penalty will be calculated @ 50% of PPA Tariff for the shortfall in generation (in energy terms) during the Contract Year. However, this compensation shall not be applicable in events of Force Majeure identified under the PPA with GUVNL, affecting supply of wind power by the Power Producer.