Supply Guarantee Generally. Commencing on the Initial Delivery Date, Seller shall guarantee the supply of sufficient Energy Output (in kWh) to TVA during each Delivery Period so as to meet or exceed the Annual Supply Guarantee. If the kWh of energy actually delivered to the Delivery Point by Seller to TVA under this Agreement (“Actual Supply”) is not sufficient to meet the Annual Supply Guarantee for the Delivery Period in question (such shortfall being referred to herein as “Deficient Energy”), Seller shall pay liquidated damages to TVA with respect to the supply guarantee: (i) with respect to Deficient Energy, and (ii) with respect to RECs associated with the amount of the Deficient Energy, if applicable. The determination of TVA’s damages in such an event and the manner in which TVA shall be compensated by Seller for such damages shall be as set forth in Exhibit C. The Parties further acknowledge and agree that the amount of such damages suffered by TVA are not able to be readily calculated or determined by normal means and that the proper measure of liquidated damages to which TVA shall be entitled under this Section 10.1 shall be in the amount as set forth in Exhibit C, and payable as set forth in Section 7.3.
Supply Guarantee Generally. Commencing on the Initial Delivery Date, Seller shall guarantee the supply of sufficient Energy Output (in kWh) to TVA during each Delivery Period so as to meet or exceed Annual Supply Guarantee for such Delivery Period. If the kWh of energy actually delivered to the Delivery Point by Seller to TVA under this Agreement (“Actual Supply”) is not sufficient to meet the Annual Supply Guarantee for the Delivery Period in question (such shortfall being referred to herein as “Deficient Energy”), Seller shall pay liquidated damages to TVA with respect to such Annual Supply Guarantee: (i) with respect to Deficient Energy, and (ii) with respect to RECs associated with the amount of the Deficient Energy, if applicable. The determination of TVA’s damages in such an event and the manner in which TVA shall be compensated by Seller for such damages shall be as set forth in Exhibit C. The Parties further acknowledge and agree that the amount of such damages suffered by TVA are not able to be readily calculated or determined by normal means and that the proper measure of liquidated damages to which TVA shall be entitled under this Section 8.1 shall be in the amount as set forth in Exhibit C, and payable as set forth in Section 10.3. If the Initial Delivery Date occurs after the start of any Full Contract Year, there shall be deducted from the total number of hours in said Full Contract Year, as expressed as “PH” in the formula set forth in Exhibit B, any and all hours during such Full Contract Year occurring prior to the Initial Delivery Date. If this Agreement terminates prior to the end of any Full Contract Year, there shall be deducted from the total number of hours in said Full Contract Year, as expressed as “PH” in the formula set forth in Exhibit B, any and all hours during such Full Contract Year occurring after the termination of this Agreement.
Supply Guarantee Generally. Commencing on the Initial Delivery Date, Seller shall guarantee the supply of sufficient Energy Output to LUB during each Delivery Period so as to meet or exceed the Annual Supply Guarantee for such Delivery Period. If the Energy Output provided by Seller to LUB under this Agreement is not sufficient to meet the Annual Supply Guarantee for the Delivery Period in question (such shortfall being referred to herein as “Deficient Energy”), Seller shall pay liquidated damages to LUB with respect to such Annual Supply Guarantee: (i) with respect to Deficient Energy and (ii) with respect to RECs and other Environmental Attributes associated with the amount of the Deficient Energy, if applicable, as measured in accordance with Exhibit C, and payable as set forth in Section 10.3. If the Initial Delivery Date occurs after the start of any calendar year, the number of possible hours for the first Delivery Period (expressed as “PH” in Exhibit B) shall be adjusted to reflect the additional hours included in the first Delivery Period. For example, if the Initial Delivery Date occurs at the start of a December 1st, then PH for the first Delivery Period would be 8,760 + 744 = 9,504. If this Agreement terminates prior to the end of any calendar year there shall be deducted from the number of possible hours for that final Delivery Period (expressed as “PH” in Exhibit B) any and all hours during such calendar year occurring after the termination of this Agreement. For example, if the final Delivery Period terminates at the end of a June 30th, then PH for the final Delivery Period would be 8,760 - 4,416 = 4,344.
Supply Guarantee Generally. Commencing on the Initial Delivery Date, Seller shall guarantee the supply of sufficient Energy Output (in kWh) to TVA during each Delivery Period so as to meet or exceed (1) the Peak Month Supply Guarantee and (2) the Off- Peak Month Supply Guarantee for such Delivery Period. If the kWh of energy actually delivered to the Delivery Point by Seller to TVA under this Agreement (“Actual Supply”) is not sufficient to meet either or both of the Peak Month Supply Guarantee and/or the Off-Peak Month Supply Guarantee for the Delivery Period in question (such shortfall being referred to herein as “Deficient Energy”), Seller shall pay liquidated damages to TVA with respect to either or both of such supply guarantees: (i) with respect to Deficient Energy, and (ii) with respect to RECs associated with the amount of the Deficient Energy, if applicable. The determination of TVA’s damages in such an event and the manner in which TVA shall be compensated by Seller for such damages shall be as set forth in Exhibit C. The Parties further acknowledge and agree that the amount of such damages suffered by TVA are not able to be readily calculated or determined by normal means and that the proper measure of liquidated damages to which TVA shall be entitled under this Section 8.1 shall be in the amount as set forth in Exhibit C, and payable as set forth in Section 10.3.
