Examples of Deficient Energy in a sentence
If the kWh of energy actually delivered to the Delivery Point by Seller to TVA under this Agreement (“Actual Supply”) is not sufficient to meet the Annual Supply Guarantee for the Delivery Period in question (such shortfall being referred to herein as “Deficient Energy”), Seller shall pay liquidated damages to TVA with respect to such Annual Supply Guarantee: (i) with respect to Deficient Energy, and (ii) with respect to RECs associated with the amount of the Deficient Energy, if applicable.
DEA (Deficient Energy Amount) = (ACSPP - CP) Where: [ACSPP]1 = The average of the CSPP hourly prices for each and every hour during the Delivery Period in question, as expressed in ¢/kWh CP = Contract Price, as expressed in ¢/kWh Provided, however, that if the calculation of DEA above yields a negative number with respect to a Delivery Period, DEA shall be deemed to be zero (0) in the formula above for calculating “LD” for said Delivery Period.
Notwithstanding any of the foregoing regarding the calculation of LDs for Deficient Energy, if Seller fails to deliver all or part of the Supply Guarantee as referenced above within any particular Delivery Period and if a RES has been enacted and is in effect with regard to that Delivery Period, Seller shall transfer to TVA, at no cost to TVA, the corresponding amount of RECs, regardless of whether Seller owes a LD payment to TVA under the provisions above in this Exhibit C.