SunPower’s Failure to Meet Quantity Commitments Sample Clauses
The 'SunPower’s Failure to Meet Quantity Commitments' clause defines the consequences and procedures if SunPower does not deliver the agreed-upon quantity of goods or services within a specified timeframe. Typically, this clause outlines remedies available to the buyer, such as the right to purchase the shortfall from alternative suppliers or to receive compensation for losses incurred due to the shortfall. Its core function is to ensure that SunPower is held accountable for delivery obligations, thereby protecting the buyer from supply disruptions and associated risks.
SunPower’s Failure to Meet Quantity Commitments. SunPower is absolutely and irrevocably required to ship the contracted volume of Solar Panels per year at the prices set forth in the table above. In the event that SunPower fails to ship its contracted volume in a given year, Ecoware shall invoice SunPower for the differential at full contract price and SunPower will pay the same within *** calendar days of invoice date. SunPower specifically acknowledges and accepts that it will be liable to pay Ecoware the full purchase price of volume differential between the quantity shipped and the contracted volume for the relevant year. In addition to the foregoing, in any quarter in which SunPower fails to ship the aggregate quantities required for such quarter described in the table above, or agreed upon between the parties, Ecoware shall invoice SunPower for the differential at full contract price and Ecoware will pay the same within *** calendar days of invoice date; provided that the maximum number of Solar Panels shortfall included in such calculation shall be no more than *** percent (***%) of the aggregate Solar Panels quantity required for the applicable year. For the avoidance of doubt, the foregoing annual and quarterly financial penalties are independent of one another and neither penalty shall offset the other. MW *** *** *** *** Price (Euro/Wp) *** *** *** *** No later than 1st November of each year the parties may agree to increase the annual volume commitments for the following calendar year by the amounts described in the table above. The increased annual volume shall become a binding commitment of the parties to purchase and sell such quantity for such year. The mutual agreement to increase the annual volume commitments for a calendar year shall be in writing and signed by both parties according to Section 21. *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. By: /s/ T▇▇▇▇▇ ▇▇▇▇▇▇ Name: T▇▇▇▇▇ ▇▇▇▇▇▇ Title: Director By: /s/ E▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: E▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Director By: /s/ L▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ Name: L▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ Title: Amministratore Delegato *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL Execution copy (Company logo and address of Ecoware) TO: SunPower Italia S.r.l. Attn: Name of Company (Ecoware) Address Address Address Address Address Tel: Address Fax: Attn: Purchase Order governed by the Photovoltaic Equipment Master Supply Agreement dated November 4...
SunPower’s Failure to Meet Quantity Commitments. In any calendar year in which SunPower fails to deliver the aggregate quantities ordered by PowerLight and required for such year as set forth above (as adjusted from time to time pursuant to Sections 3(c), 20 and 24(b)-(c) of the Agreement), SunPower shall, no later than sixty (60) days following SunPower’s receipt of PowerLight’s written demand for such payment, pay liquidated damages to PowerLight in the amount of *** per kilowatt of shortfall. In addition to the foregoing liquidated damages, if any, in any quarter in which SunPower fails to deliver the aggregate quantities ordered by PowerLight and required for such quarter under Section 3(b) of the Agreement, SunPower shall, no later than sixty (60) days following SunPower’s receipt of PowerLight’s written demand for such payment, pay liquidated damages to PowerLight in the amount of *** per kilowatt of shortfall; provided that the maximum number of kilowatts included in such shortfall calculation shall be no more than *** of the aggregate kilowatt quantity required for the applicable year. The maximum cumulative annual and quarterly liquidated damages payable under the foregoing provisions over the duration of the Agreement shall be *** PowerLight’s Failure to Meet Quantity Commitments: Subject to the last sentence of Section 21(b) in any calendar year for which PowerLight fails to request delivery of the quantities required for such year as set forth above (subject to Section 2 and as adjusted from time to time pursuant to Sections 3(c), 20 and 24(b)-(c) of the Agreement), PowerLight shall, no later than sixty (60) days following PowerLight’s receipt of *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION. SunPower’s written demand for such payment, pay liquidated damages to SunPower in the amount of *** per kilowatt of shortfall. In addition to the foregoing liquidated damages, if any, in any quarter in which PowerLight fails to request delivery of the aggregate quantities required for such quarter under Section 3(b) of the Agreement, PowerLight shall, no later than sixty (60) days following PowerLight’s receipt of SunPower’s written demand for such payment, pay liquidated damages to SunPower in the amount of *** per kilowatt of shortfall; provided that the maximum number of kilowatts included in such shortfall calculation shall be no more than *** of the aggregate kilowatt quantity required for the applicable year. The maximum cumulative annual and quarterly liquidated damag...
SunPower’s Failure to Meet Quantity Commitments. In the event that SunPower fails to ship its contracted volume in the year 2009, SunPower shall pay City Solar a minimum indemnity equal to *** € per Watt regarding the not shipped products, if volume commitment remains unfulfilled after *** days written notice to SunPower. City Solar shall have no right to give such notice, and SunPower shall not be under any obligations to pay any respective indemnity before the end of the calendar year in question. SunPower will pay the same within *** days of invoice date. City Solar´s right to claim and prove higher or other damages and/or a higher loss of profit, as provided by German law, remains unaffected hereof. Commencing January 1st 2010, the parties agree that any damages can only be claimed in accordance to German law.