Common use of Shortfalls in On-Going Capacity Clause in Contracts

Shortfalls in On-Going Capacity. If, after the Commercial Operations Date, the Dependable Capacity of the Facility shall be less than the Contracted Dependable Capacity, then the Company shall pay to JPS [AMOUNT IN WORDS to be determined by the OUR]Dollars ($[AMOUNT IN FIGURES]) (or the Jamaican Dollar equivalent) per kW per Month (prorated for partial Months in the Month in which the Commercial Operations Date occurs) of such On-Going Dependable Capacity Shortfall until the next testing of Dependable Capacity, as liquidated damages for the detrimental impact of such lower Dependable Capacity.

Shortfalls in On-Going Capacity. If, after the Commercial Operations Date, the Dependable Capacity of the Facility shall be less than the Contracted Dependable Capacity, then the Company shall pay to JPS [AMOUNT IN WORDS to be determined by the OUR]Dollars ($[AMOUNT IN FIGURES]) (or the Jamaican Dollar equivalent) per kW per Month (prorated pro-rated for partial Months in the Month in which the Commercial Operations Date occurs) of such On-Going Dependable Capacity Shortfall until the next testing of Dependable Capacity, as liquidated damages for the detrimental impact of such lower Dependable Capacity.

Shortfalls in On-Going Capacity. If, after the Commercial Operations Date, the Dependable Capacity of the Facility shall be less than the Contracted Dependable Capacity, then the Company shall pay to JPS [AMOUNT IN WORDS to be determined by the OUR]Dollars ($[AMOUNT IN FIGURES]) (or the Jamaican Dollar equivalent) per kW per Month (prorated pro-rated for partial Months in the Month in which the Commercial Operations Date occurs) of such On-Going Dependable Capacity Shortfall until the next inspection/testing of Dependable Capacity, as liquidated damages for the detrimental impact of such lower Dependable Contracted Capacity.