BOP Benchmark definition
Examples of BOP Benchmark in a sentence
Within 30 Days of Company's receipt of the IE Energy Assessment Report, Company shall provide written notice to Seller of either (aa) the BOP Benchmark derived from the IE Energy Assessment Report or (bb) Company's inability to reasonably derive a BOP Benchmark from the IE Energy Assessment, in which case the BOP Benchmark shall be 97%.
For the third Contract Year through the end of the Contract Year preceding the Contract Year during which the first Subsequent OEPR is issued, the BOP Benchmark shall be derived from the Initial OEPR on the basis of the estimated electrical losses for the BOP used in the Initial OEPR in arriving at the Initial OEPR's NEP OEPR Estimate.
Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the BOP Benchmark for a Contract Year would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.
If a copy of the IE Energy Assessment Report is not provided to Company, the BOP Benchmark for the first two Contract Years shall be 97%.
If a copy of the IE Energy Assessment Report is provided to Company, the BOP Benchmark shall be derived from the IE Energy Assessment Report on the basis of the estimated electrical losses for the BOP used in the IE Energy Assessment Report in arriving at the NEP IE Estimate.
For any Contract Year during which a Subsequent OEPR is issued through the end of the Contract Year preceding the Contract Year during which the next Subsequent OEPR is issued, the BOP Benchmark shall be derived from the first of the two Subsequent OEPRs referenced in this sentence on the basis of the estimated electrical losses for the BOP used in such Subsequent OEPR in arriving at such Subsequent OEPR's NEP Estimate.
The Parties shall direct the Third OEPR Evaluator to review the First OEPR and Second OEPR and select one as the final and binding NEP OEPR Estimate and/or BOP Benchmark Metric, as applicable ("Third OEPR").
Upon issuance of a notice of BOP Benchmark Disagreement, the Parties shall review, as applicable, the IE Energy Assessment Report, the Initial OEPR and any written clarification thereof issued by the OEPR Evaluator who prepared the Initial OEPR, and any Subsequent OEPR and any written clarification thereof issued by the OEPR Evaluator who prepared the Subsequent OEPR, together with such notice of BOP Benchmark Disagreement, and attempt to resolve such BOP Benchmark Disagreement.
If the Parties are unable to resolve such BOP Benchmark Disagreement within thirty (30) Days after Seller's issuance of such notice of BOP Benchmark Disagreement, either Party may, within five (5) Business Days after the end of such 30-Day period, submit the unresolved BOP Benchmark Disagreement to an Independent AF Evaluator for resolution.
Following the end of each Contract Year, Company shall calculate the BOP Efficiency Ratio for such Contract Year as follows: BOP Efficiency Ratio = Actual Output (at POI) for such Contract Year Actual Generation at WTGs for such Contract Year Determination of BOP Benchmark.