Capacity Deficiency Damages definition

Capacity Deficiency Damages shall have the meaning set forth in Section 3.4(g) hereof.
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Examples of Capacity Deficiency Damages in a sentence

  • Upon exercise of the Capacity Downsize Option for only a portion of the remaining Expected Nameplate Capacity, and upon the payment of any required Capacity Deficiency Damages under Section 3.4(g), the Expected Nameplate Capacity will be revised to reflect Seller’s election of the Capacity Downsize Option in all respects.

  • In that event, the Capacity Deficiency Damages would be in addition to, and not in lieu of, any Delay Liquidated Damages previously paid by Seller.

  • Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to the Capacity Deficiency would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Capacity Deficiency Damages as agreed to by the Parties and set forth herein are a fair and reasonable calculation of such damages.

  • Following such adjustment of the Contract Maximum Amount, Capacity Deficiency Damages shall no longer be assessed on Seller.

  • If Xxxxxx meets the conditions of the first sentence of this paragraph and has not elected to pay Capacity Deficiency Damages, Purchaser may require Seller to pay Capacity Deficiency Damages any time after one hundred and twenty Days after the Commercial Operation Milestone.

  • If Xxxxxx meets the conditions of the first sentence of this paragraph, Seller, at any time after the Commercial Operation Milestone, may elect to stop paying liquidated damages under Section 4.5(a) and to pay liquidated damages for the Capacity Deficiency under this Section 4.5(b) by notice given to Purchaser accompanied by the payment of the Capacity Deficiency Damages.

  • Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to Seller’s failure to achieve the entire Expected Nameplate Capacity of the Facility of 360 MW would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Capacity Deficiency Damages as agreed to by the Parties and set forth herein are a fair and reasonable calculation of such damages.

  • Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to Seller’s failure to achieve the entire Expected Nameplate Capacity of the Facility of MW would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Capacity Deficiency Damages as agreed to by the Parties and set forth herein are a fair and reasonable calculation of such damages.

Related to Capacity Deficiency Damages

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code or the repudiation of such contract.

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Final RTO Unforced Capacity Obligation means the capacity obligation for the PJM Region, determined in accordance with RAA, Schedule 8.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Consequential Loss means indirect or consequential loss or damage such as, but not limited to, loss of contract, bargain, expectation, opportunity, profit, production, revenue, anticipated cost reduction or interest payable howsoever caused, arising out of or in connection with this Contract.

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Daily Unforced Capacity Obligation means the capacity obligation of a Load Serving Entity during the Delivery Year, determined in accordance with Reliability Assurance Agreement, Schedule 8, or, as to an FRR entity, in Reliability Assurance Agreement, Schedule 8.1. “Day-ahead Congestion Price” shall mean the Congestion Price resulting from the Day-ahead Energy Market.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Noneconomic damages ’ means damages for phys-

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Indemnity Threshold has the meaning set forth in Section 9.3.

  • Defect Liability Period in relation to a work means the specified period from the date of COMPLETION CERTIFICATE upto the date of issue of FINAL CERTIFICATE during which the CONTRACTOR stands responsible for rectifying all defects that may appear in the works executed by the CONTRACTOR in pursuance of the CONTRACT and includes warranties against Manufacturing/Fabrication/ Erection/Construction defects covering all materials plants, equipment, components, and the like supplied by the CONTRACTOR, works executed against workmanship defects.

  • Defects Liability Period means the warranty period following the taking over, during which the Contractor is responsible for making good, defects and damage in Goods and Services provided, under the Contract.

  • Defects Liability Period (Warranty Period) means the period stated in the Schedule A Special Stipulations, following the taking over, during which the Contractor is responsible for making good defects and damage in accordance with Clause 15.

  • Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.

  • Unwind Costs means an amount determined by the Calculation Agent equal to the sum of (without duplication) all costs, fees, charges, expenses (including loss of funding), tax and duties incurred by the Issuer and/or any of its Affiliates in connection with the redemption of the Credit- Linked Notes and the related termination, settlement or re- establishment of any hedge or related trading position.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Cover Damages means, with respect to any Delivery Failure, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Failure, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Electrical Losses means all applicable losses, including the following: (a) any transmission or transformation losses between the CAISO revenue meter(s) and the Delivery Point; and (b) the Distribution Loss Factor, if applicable.

  • Epidemic Failure means a series of repeating failures or defects resulting in at least a 0.5% failure rate for the same Product or Material during any twelve-month period.

  • Special Damages has the meaning specified in Section 11.21.