Annual Benchmark definition
Examples of Annual Benchmark in a sentence
In the event any Annual Benchmark Date Average is equal to or greater than 22.5 kbps, subject to the provisions of Section 2.2(d)(v) below, the monthly Transit Surcharge for the subsequent twelve (12) month period during the Term shall be the Base Transit Charge as increased by $.055 per Service Subscriber for each kbps that the Benchmark Date Average exceeds 21.5 kbps.
The Seller shall use its reasonable efforts to maintain and repair the Complex and the components thereof and equipment therein so that the reduction in or degradation of the capability of the Complex to generate Net Delivered Energy during the Term does not fall below the Degraded Annual Benchmark Energy.
The Penalties, if any, payable to the Purchasers with respect to the Concentrates shall be determined by the Seller and the Purchasers’ Agent during the negotiations of the Annual Benchmark Terms for the first Contract Year, negotiating in good faith, and the Parties shall include the Penalties in the Annual Supplement for the first Contract Year.
The Seller shall use its reasonable efforts to maintain and repair the Complex and the components thereof and equipment therein so that the reduction or degradation of the capability of the Complex to generate Net Delivered Energy during the Term does not fall below the Annual Benchmark Energy.
The Seller shall use its reasonable efforts to maintain and repair the Complex and the components thereof and equipment therein so that the capability of the Complex to generate Net Delivered Energy during the Term does not fall below the Annual Benchmark Energy.
The Annual Copper Terms for the Concentrate to be delivered in the forthcoming Contract Year shall be based on the Annual Benchmark Terms.
If the Actual Annual Energy in an Agreement Year falls below eighty five percent (85%) of the Degraded Annual Benchmark Energy for such Agreement Year, then, without prejudice to Section 9.3(c), the Purchaser shall be entitled to nominate and appoint at the Seller’s cost an engineering consulting firm of repute in solar PV operations and maintenance from amongst a panel of three (3) such firms agreed by the Seller and the Purchaser (and in case of disagreement, by the Expert) (“Inspection Engineer”).
If the Actual Annual Energy in an Agreement Year falls below ninety percent (90%) of the Annual Benchmark Energy for such Agreement Year, then, without prejudice to Section 9.3(c), the Purchaser shall be entitled to nominate and appoint at the Seller’s cost an engineering consulting firm of repute in solar PV operations and maintenance from amongst a panel of three (3) such firms agreed by the Seller and the Purchaser (and in case of disagreement, by the Expert) (“Inspection Engineer”).
If the Actual Annual Energy in an Agreement Year falls below eighty-five percent (85%) of the Annual Benchmark Energy for such Agreement Year, then the Purchaser shall be entitled to nominate and appoint at the Seller’s cost an engineering consulting firm of repute in solar power plant and wind power plant operations and maintenance from amongst a panel of three (3) such firms agreed by the Seller and the Purchaser (“Inspection Engineer”) (and in case of disagreement, by the Expert).