Common use of XXXX Capacity Test and Liquidated Damages Clause in Contracts

XXXX Capacity Test and Liquidated Damages. For each XXXX Measurement Period following the Commercial Operations Date, the XXXX shall be required to complete a XXXX Capacity Test, as more fully set forth in Attachment W (XXXX Tests) to this Agreement. For each XXXX Measurement Period for which the XXXX fails to demonstrate that it satisfies the XXXX Capacity Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the XXXX Measurement Period in question: XXXX Capacity Ratio Liquidated Damage Amount Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 100% and is above 94.9%, an amount equal to one-tenth of one percent (0.001) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 6 49.9% and below ("Lowest XXXX Capacity Bandwidth") For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 50%, an amount equal to three and a half-tenths of one percent (0.0035) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question. For purposes of determining liquidated damages under this Section 2.8(a) (XXXX Capacity Test and Liquidated Damages), the starting and end points for the duration of the period that the XXXX discharges shall be rounded to the nearest MWh. Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.

XXXX Capacity Test and Liquidated Damages. For each XXXX Measurement Period following the Commercial Operations Date, the XXXX shall be required to complete a XXXX Capacity Test, as more fully set forth in Attachment W (XXXX Tests) to this Agreement. For each XXXX Measurement Period for which the XXXX fails to demonstrate that it satisfies the XXXX Capacity Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the XXXX Measurement Period in question: XXXX Capacity Ratio Liquidated Damage Amount Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 100% and is above 94.9equal to or greater than 95.0%, an amount equal to one-tenth of one percent (0.001) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 6 49.9% and below ("Lowest XXXX Capacity Bandwidth") For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 50%, an amount equal to three and a half-tenths of one percent (0.0035) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question. For purposes of determining liquidated damages under this Section 2.8(a2.7(a) (XXXX Capacity Test and Liquidated Damages), the starting and end points for the duration of the period that the XXXX discharges shall be rounded to the nearest MWh. Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.

XXXX Capacity Test and Liquidated Damages. For each XXXX Measurement Period following the Commercial Operations Date, the XXXX shall be required to complete a XXXX Capacity Test, as more fully set forth in Attachment W (XXXX Tests) to this Agreement. For each XXXX Measurement Period for which the XXXX fails to demonstrate that it satisfies the XXXX Capacity Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the XXXX Measurement Period in question: XXXX Capacity Ratio Liquidated Damage Amount Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 100% and is above 94.9%, an amount equal to one-tenth of one percent (0.001) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 6 49.9% and below ("Lowest XXXX Capacity Bandwidth") For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 50%, an amount equal to three and a half-tenths of one percent (0.0035) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question. For purposes of determining liquidated damages under this Section 2.8(a2.7(a) (XXXX Capacity Test and Liquidated Damages), the starting and end points for the duration of the period that the XXXX discharges shall be rounded to the nearest MWh. Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.

XXXX Capacity Test and Liquidated Damages. For each XXXX Measurement Period following the Commercial Operations Date, the XXXX shall be required to complete a XXXX Capacity Test, as more fully set forth in Attachment W (XXXX TestsCapacity Test) to this Agreement. For each XXXX Measurement Period for which the XXXX fails to demonstrate that it satisfies the XXXX Capacity Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the XXXX Measurement Period in question: XXXX Capacity Ratio Liquidated Damage Amount Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 100% and is above 94.9%, an amount equal to one-tenth of one percent (0.001) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 6 49.9% and below ("Lowest XXXX Capacity Bandwidth") For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 50%, an amount equal to three and a half-tenths of one percent (0.0035) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question. For purposes of determining liquidated damages under this Section 2.8(a2.7(a) (XXXX Capacity Test and Liquidated Damages), the starting and end points for the duration of the period that the XXXX discharges shall be rounded to the nearest MWh. Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.

XXXX Capacity Test and Liquidated Damages. For each XXXX Measurement Period following the Commercial Operations Date, the XXXX shall be required to complete a XXXX Capacity Test, as more fully set forth in Attachment W (XXXX Tests) to this Agreement. For each XXXX Measurement Period for which the XXXX fails to demonstrate that it satisfies the XXXX Capacity Performance Metric, Seller shall pay, in accordance with Section 2.12 (Payment of Liquidated Damages for Failure to Achieve Performance Metrics; Limitation on Liquidated Damages), and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the XXXX Measurement Period in question: XXXX Capacity Ratio Liquidated Damage Amount Tier 1 95.0% - 99.9% For each one-tenth of one 95.0% - 99.9% percent (0.001) that the XXXX Capacity Ratio is below 100% and is above 94.9equal to or greater than 95.0%, an amount equal to one-tenth of one percent (0.001) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one 85.0% - 94.9% percent (0.001) that the XXXX Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one 60.0% - 74.9% percent (0.001) that the XXXX Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one 50.0% - 59.9% percent (0.001) that the XXXX Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 6 49.9% and below ("Lowest XXXX Capacity Bandwidth") For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 50%, an amount equal to three and a half-tenths of one percent (0.0035) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question. For purposes of determining liquidated damages under this Section 2.8(a2.7(a) (XXXX Capacity Test and Liquidated Damages), the starting and end points for the duration of the period that the XXXX discharges shall be rounded to the nearest MWh. Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.

XXXX Capacity Test and Liquidated Damages. For each XXXX Measurement Period following the Commercial Operations Date, the XXXX shall be required to complete a XXXX Capacity Test, as more fully set forth in Attachment W (XXXX Tests) to this Agreement. For each XXXX Measurement Period for which the XXXX fails to demonstrate that it satisfies the XXXX Capacity Performance Metric, Seller Subscriber Organization shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the XXXX Measurement Period in question: XXXX Capacity Ratio Liquidated Damage Amount Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 100% and is above 94.9equal to or greater than 95.0%, an amount equal to one-tenth of one percent (0.001) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 6 49.9% and below ("Lowest XXXX Capacity Bandwidth") For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 50%, an amount equal to three and a half-tenths of one percent (0.0035) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question. For purposes of determining liquidated damages under this Section 2.8(a) (XXXX Capacity Test and Liquidated Damages), the starting and end points for the duration of the period that the XXXX discharges shall be rounded to the nearest MWh. Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.plus

XXXX Capacity Test and Liquidated Damages. For each XXXX Measurement Period following the Commercial Operations Date, the XXXX shall be required to complete a XXXX Capacity Test, as more fully set forth in Attachment W (XXXX TestsCapacity Test) to this Agreement. For each XXXX Measurement Period for which the XXXX fails to demonstrate that it satisfies the XXXX Capacity Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the XXXX Measurement Period in question: XXXX Capacity Ratio Liquidated Damage Amount Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 100% and is above 94.9%, an amount equal to one-tenth of one percent (0.001) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 6 49.9% and below ("Lowest XXXX Capacity Bandwidth") For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 50%, an amount equal to three and a half-tenths of one percent (0.0035) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question. For purposes of determining liquidated damages under this Section 2.8(a) (XXXX Capacity Test and Liquidated Damages), the starting and end points for the duration of the period that the XXXX discharges shall be rounded to the nearest MWh. Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.

XXXX Capacity Test and Liquidated Damages. For each XXXX Measurement Period following the Commercial Operations Date, the XXXX shall be required to complete a XXXX Capacity Test, as more fully set forth in Attachment W (XXXX Tests) to this Agreement. For each XXXX Measurement Period for which the XXXX fails to demonstrate that it satisfies the XXXX Capacity Performance Metric, Seller Subscriber Organization shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the XXXX Measurement Period in question: XXXX Capacity Ratio Liquidated Damage Amount Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 100% and is above 94.9equal to or greater than 95.0%, an amount equal to one-tenth of one percent (0.001) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 6 49.9% and below ("Lowest XXXX Capacity Bandwidth") For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 50%, an amount equal to three and a half-tenths of one percent (0.0035) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question. For purposes of determining liquidated damages under this Section 2.8(a2.7(a) (XXXX Capacity Test and Liquidated Damages), the starting and end points for the duration of the period that the XXXX discharges shall be rounded to the nearest MWh. Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller Subscriber Organization fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.

XXXX Capacity Test and Liquidated Damages. For each XXXX Measurement Period following the Commercial Operations Date, the XXXX shall be required to complete a XXXX Capacity Test, as more fully set forth in Attachment W (XXXX Tests) to this Agreement. For each XXXX Measurement Period for which the XXXX fails to demonstrate that it satisfies the XXXX Capacity Performance Metric, Seller shall pay, in accordance with Section 2.12 (Payment of Liquidated Damages for Failure to Achieve Performance Metrics; Limitation on Liquidated Damages), and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the XXXX Measurement Period in question: XXXX Capacity Ratio Liquidated Damage Amount Tier 1 95.0% - 99.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 100% and is above 94.9equal to or greater than 95.0%, an amount equal to one-tenth of one percent (0.001) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 2 85.0% - 94.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 95% and is above 84.9%, an amount equal to one and a half-tenths of one percent (0.0015) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 3 75.0% - 84.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 85% and is above 74.9%, an amount equal to two-tenths of one percent (0.002) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 4 60.0% - 74.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 75% and is above 59.9%, an amount equal to two and a half-tenths of one percent (0.0025) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 5 50.0% - 59.9% For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 60% and is above 49.9%, an amount equal to three-tenths of one percent (0.003) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question; plus Tier 6 49.9% and below ("Lowest XXXX Capacity Bandwidth") For each one-tenth of one percent (0.001) that the XXXX Capacity Ratio is below 50%, an amount equal to three and a half-tenths of one percent (0.0035) of the XXXX Allocated Portion of the Lump Sum Payment for the XXXX Measurement Period in question. For purposes of determining liquidated damages under this Section 2.8(a2.7(a) (XXXX Capacity Test and Liquidated Damages), the starting and end points for the duration of the period that the XXXX discharges shall be rounded to the nearest MWh. Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.