Actual Production definition
Examples of Actual Production in a sentence
If the Actual Production exceeds the Guaranteed Production in any given Contract Year, the excess production shall be credited towards the production in any of the next four subsequent Contract Years, if needed, so that if there is a shortfall in such Contract Years, the credit will be applied first towards the shortfall, before any Refund Payment must be paid by Seller.
In such cases, Seller shall pay Purchaser an amount equal to (i) the difference between the Guaranteed Production and the Actual Production (i.e., the shortfall, measured in kWh), multiplied by (ii) the difference between the Purchaser’s average electric rate from Utility (in $/kWh) during the applicable year and the Contract Price during the applicable year (such amount, the “Refund Payment”).
Any excess Actual Production not used in the next four years will be forfeited for purposes of applying it to future shortfalls.