Examples of Adjusted Energy Production in a sentence
The occurrence of any of the following shall constitute an Event of Default: if, beginning in the second Contract Year, the Adjusted Energy Production amount is not at least fifty percent (50%) of the Expected Energy amount in any Contract Year; and if, in any two (2) consecutive Contract Years during the Delivery Term, the Adjusted Energy Production amount is not at least sixty-five percent (65%) of the Expected Energy amount in each Contract Year.
During the Guarantee Term, Seller guarantees that the Adjusted Energy Production Amount for each Guarantee Period shall be no less than the Minimum Production Threshold for such Guarantee Period set forth in Table 1 of this Exhibit B.
If the Adjusted Energy Production Amount is less than the Minimum Production Threshold (any such shortfall, measured in kWh, a “Shortfall”), then Seller may cure such Shortfall by paying or crediting Customer liquidated damages in the amount of the Shortfall Payment.
If Seller fails to achieve the Guaranteed Energy Production amount in any Performance Measurement Period, Seller shall pay Buyer liquidated damages equal to (a) the difference of the Guaranteed Energy Production less the Adjusted Energy Production, multiplied by (b) the replacement price for the energy and RECs less the Contract Price.
If the Adjusted Energy Production Amount is less than the Minimum Production Threshold (any such shortfall, measured in kWh, a “Shortfall”), then Provider may cure such Shortfall by paying or crediting District liquidated damages in the amount of the Shortfall Payment.