SHORTFALL QUANTITY Sample Clauses

SHORTFALL QUANTITY. 6.3.1 If the Seller, for reasons other than of Force Majeure or for reasons attributable to the Buyer, fails to make available for delivery at the Delivery Point at least 80% of aggregate of the lower of PNDCQ or DCQ during any consecutive period of 15 (fifteen) Days under the Supply Period relating to eSPN then the difference between (a) 15 multiplied by lower of PNDCQ/DCQ multiplied by 0.8 ; and (b) quantities of e-Bid RLNG actually tendered for delivery by the Seller during such consecutive period of 15(fifteen) Days (expressed in MMBtu) in respect of such eSPN shall be called the “Shortfall Quantity”). However, this Article shall not apply in respect of supply of e-Bid RLNG in excess of DCQ under any rostering mechanism requested by the Buyer.
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SHORTFALL QUANTITY. If, for any Delivery Hour during the Delivery Period, Issuer breaches its obligation to Schedule or deliver all or any portion of the Base Quantity, after giving effect to reductions for Assigned Energy at any Delivery Point pursuant to the terms of this Agreement, then the portion of the Base Quantity that Issuer failed to Schedule or deliver shall be a “Shortfall Quantity”.‌
Sample 1
SHORTFALL QUANTITY. The quantity of coal which is equal to the sum of the tonnage of coal which is required to be delivered by Seller and taken Receipt of by Buyer pursuant to the terms of this Agreement during any period minus the actual tonnage of coal delivered by Seller and taken Receipt of by Buyer pursuant to the terms of this Agreement during such period.
Sample 1
SHORTFALL QUANTITY. 6.3.1 If the Seller, for reasons other than of Force Majeure or for reasons attributable to the Buyer, fails to make available for delivery at the Delivery Point at least 80% of aggregate of the lower of PNDCQ or DCQ during any consecutive period of 15 (fifteen) Days under the Supply Period relating to eSPN then the difference between (a) 15 multiplied by lower of PNDCQ/DCQ multiplied by 0.8 ; and (b) quantities of e-Bid RLNG actually tendered for delivery by the Seller during such consecutive period of 15(fifteen) Days (expressed in MMBtu) in respect of such eSPN shall be called the “Shortfall Quantity”). However, this Article shall not apply in respect of supply of e-Bid RLNG in excess of DCQ under any rostering mechanism requested by the Buyer. In the case of Shortfall Quantity in respect of any eSPN, the Buyer shall receive, as Liquidated Damages for such failure to deliver, a credit to be applied (LD Credit) against the payment to be made by the Buyer to the Seller in respect of the invoice raised by the Seller for the last Billing Period of the Supply Period and/or in respect of the Take or Pay Statement relating to such eSPN. Such Liquidated Damages shall be an amount equal to the Shortfall Quantity multiplied by 5 (five) per cent of the Price under such eSPN. For the purpose of Liquidated Damages, the Price shall be the weighted average foreign currency component of e-Bid RLNG, as mentioned in eSPN, for the Supply Period.
Sample 1

Related to SHORTFALL QUANTITY

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Supply Price The Initial Term “Supply Price” for the “Monthly Fixed Price Volume” set forth on Exhibit A shall be $[______]/MWh for the first [***] years of the Initial Term, and thereafter shall be the then-current market price as mutually agreed by Customer and Supplier prior to the end of the [***] year. The Extension Term Supply Price, if any, will be the then-current market price as mutually agreed by Customer and Supplier prior to entering into the Extension Term. Supplier and Customer may agree to fix the Supply Price for one or more periods during the Term that individually and in total are shorter than the full Term. Exhibit A sets forth the hourly delivery volume for which the Energy Price will be fixed during each month of the Term to take into account the phase-in of the facility which is expected to progress at a rate of approximately [***]MW per month (the “Monthly Fixed Price Volume”). Supplier represents that Supplier has used commercially reasonable efforts to set such Supply Price at approximately [***]% discount to the forward price at which Supplier xxxxxx its delivery obligations under this Transaction Confirmation with respect to any financial or physical energy supply arrangement intended to cover the Monthly Fixed Price Volume, the settlement index (ERCOT North Load Zone), and this Transaction Confirmation term. The [***]% discount shall be revised to take into account any physical or software limitations originating from Customer and limiting Supplier’s ability to curtail 100% of the load at the Data Center. Exhibit A also sets forth the minimum load that Customer has designated as not subject to economic curtailment (“Non-Curtailable Load”), which represents, among other things, the Motor Control Center (MCC), and other essential server and administrative load. Customer and Supplier can, in the context of the immediately preceding sentence, agree on a lesser than [***]% discount with respect to the Supply Price to account for Supplier’s incremental cost of providing a fixed Supply Price for Non-Curtailable Load.

  • ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts, also referred to as indefinite delivery / indefinite quantity contracts, are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity is implied or given. With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.

  • ESTIMATED QUANTITIES 1.1 The quantities set forth in the line items and specification document are approximate and represent the estimated requirements for the contract period. 1.2 Items listed may or may not be an inclusive requirements for this category. 1.3 Category items not listed, but distributed by bidder are to be referred to as kindred items. Kindred items shall receive the same percentage of discount or pricing structure as items listed in the specification document. 1.4 The unit prices and the extended total prices shall be used as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimates listed in the specification document, but the City/County shall be neither obligated nor limited to any specified amount. If possible, the Owners will restrict increases/decreases to 20% of the estimated quantities listed in the specification document.

  • Contract Amount Compensation amount(s), when stated in this Bid Specifications, shall not be construed as either the maximum or minimum amount which Department shall be obligated to accept as the result of this Bid Specifications or any Agreement entered into as a result of this Bid Specifications.

  • QUANTITY BASIS OF CONTRACT – NO GUARANTEED QUANTITIES The contract established has no guarantee of any specific quantity and the State is obligated only to buy that quantity which is needed by its agencies.

  • MINIMUM ORDER QUANTITY The State makes no commitment to purchase any minimum or maximum quantity, or dollar volume of products from the selected suppliers. Utilization of this agreement will be on an as needed basis by State Agencies and/or Cooperative Participants, Cities, Counties, Schools K-12, Colleges and Universities. The State will award to multiple suppliers; however, the State reserves the right to purchase like and similar products from other suppliers as necessary to meet operational requirements.

  • Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.

  • C1 Contract Price In consideration of the Contractor’s performance of its obligations under the Contract, the Authority shall pay the Contract Price in accordance with clause C2 (Payment and VAT).

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