Shortfall in supply of Peak Power i. In case of any shortfall in supply of Power during the Peak Hours as notified by the Buying Entity, from the mandated supply of energy (i.e., up to 200 MWh for each 100 MW capacity), the HPD shall pay a compensation corresponding to the energy shortfall, calculated as 2 x PPA Tariff. No shortfall shall be permissible below the energy commitment during the Peak Hours, on a monthly basis. For the purpose of calculation of shortfall in energy supplied during Peak Hours, a ‘month’ shall be the billing month as defined in the PPA.
Shortfall in supply of Peak Power. In addition to the penalty for shortfall in supply of energy corresponding to the minimum annual CUF, for each month, in case of any shortfall in supply of Peak Power as notified by the Buying Entity, from the mandated supply of energy (i.e., up to 100 MWh for each 100 MW capacity), the SPD shall pay a compensation corresponding to the energy shortfall, calculated as 1.5 x PPA Tariff. For the purpose of calculation of shortfall in energy supplied during Peak Hours, a ‘month’ shall be the billing month as defined in the PPA. This penalty will be levied over and above the penalty for shortfall in meeting the minimum annual CUF requirement as per this Article. Such shortfall shall be permissible up to 20% below the energy requirement by the Buying Entity during Peak Hours, on a monthly basis. The shortfall beyond 20% will be calculated on a daily basis, and penalty will be levied on the total shortfall aggregated in a month.
Shortfall in supply of Peak Power. In case of any shortfall in supply of Power during the Peak Hours as notified by SLDC, from the mandated supply of energy (i.e. 300 MWh for 100 MW capacity), the HPD shall pay a compensation corresponding to the energy shortfall, calculated at the Peak Tariff. Such shortfall shall be permissible upto 20% below the energy commitment during the Peak Hours, on a monthly basis without any compensation. For the purpose of calculation of shortfall in energy supplied during Peak Hours, a ‘month’ shall be the billing month as defined in the PPA. For e.g. in case of a 100 MW Project Capacity, the above monthly minimum limit of energy supply during Peak Hours will be (240 MWh x no. of days in the billing month). HPD acknowledges and accepts that the methodology specified herein above under Clause 5.1 (viii) for calculation of liquidated damages payable by the HPD for shortfall in generation is a genuine and accurate pre-estimation of the actual loss that will be suffered by GUVNL. HPD further acknowledges and accepts that a breach of any of the obligations contained herein result in injuries and that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this document is a genuine and reasonable pre estimate of the damages that may be suffered by GUVNL in each case specified under this Agreement.
