Delivery Deficiency Damages definition

Delivery Deficiency Damages means with respect to any Biennial Delivery Deficiency, an amount equal to (a) the positive net amount, if, any, by which (1) the sum of (x) the weighted average Real Time Energy Market LMP over the applicable two Contract Year period, plus (y) the Replacement Price for RECs (if applicable) if Buyer purchases Replacement RECs, exceeds (2) the Price or Adjusted Price, as applicable, that would have been paid for the Products pursuant to Section 5.1 hereof, multiplied by the quantity of that Biennial Delivery Deficiency, plus (b) additional transmission charges, if any, incurred by Buyer to transmit Replacement Energy to the Delivery Point, plus (c) any other costs incurred by Buyer in purchasing Replacement Energy and/or Replacement RECs due to that Biennial Delivery Deficiency, plus (d) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of that Biennial Delivery Deficiency, plus (e) any other costs and losses incurred by Buyer as a result of that Biennial Delivery Deficiency. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Biennial Delivery Deficiency Damages.
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Delivery Deficiency Damages means with respect to any Delivery Deficiency, an amount equal to (a) the positive net amount, if, any, by which (1) the sum of (x) weighted average Real-Time Energy Market LMP over the applicable two Contract Year period plus (y) either the Replacement Price for RECs if Buyer purchases Replacement RECs or, if the Buyer elects in its sole discretion not to purchase Replacement RECs, the market value as determined by Buyer in its sole discretion of RECs as of the date and the time of the Delivery Deficiency exceeds (2) the applicable Price that would have been paid for the Products pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Deficiency, plus (b) additional transmission charges, if any, incurred by Buyer to transmit Replacement Energy to the Delivery Point, plus (c) any other costs incurred by Buyer in purchasing Replacement Energy and/or Replacement RECs due to that Delivery Deficiency, plus (d) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of that Delivery Deficiency, plus (e) any other transaction and other out-of-pocket costs incurred by Buyer that Buyer would not have incurred but for the Delivery Deficiency. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Delivery Deficiency Damages.
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Delivery Deficiency Damages means with respect to any Delivery Deficiency, an amount equal to (a) the positive net amount, if, any, by which (1) the sum of (x) weighted average Real -Time Energy Market LMP over the applicable two Contract Year period Facility’s station service use, generator lead losses and transformer losses, which quantity for purposes of this Agreement will never be less than zero.
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Examples of Delivery Deficiency Damages in a sentence

  • Seller shall pay Buyer an amount for such Biennial Delivery Deficiency (measured in MWh and/or RECs) equal to the Delivery Deficiency Damages for such Biennial Delivery Deficiency.

  • Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Biennial Delivery 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 Delivery Deficiency Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.

  • Seller shall pay Buyer an amount for such Delivery Deficiency (measured in MWh and/or RECs) equal to the Delivery Deficiency Damages for such Delivery Deficiency.

  • Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Delivery 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 Delivery Deficiency Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.

  • Upon completion of its investigation the POB may adopt a public record letter with its findings and disciplinary recommendations, in which case the public record letter shall be issued as the final determination of the CPOA.

  • Each Party agrees and acknowledges that (i) the damages that Xxxxx would incur due to a Delivery 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 Delivery Deficiency Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.

  • Each Party agrees and acknowledges that (i) the damages that Xxxxx would incur due to a Biennial Delivery 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 Delivery Deficiency Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.

  • FT-IR Microscopy/Spectroscopy - used to identify plastic materials/layers, by viewing a cross-section and mapping areas of it under the FT-IR microscope.

  • This is distinct from the Biennial Delivery Requirement in Section 4.9. Failure to meet Biennial Delivery Requirement obligates Seller to pay Delivery Deficiency Damages.

  • GAO, Highway Trust Fund: Pilot Program Could Help Determine the Viability of Mileage Fees for Certain Vehicles, GAO-13-77, December 2012, http://www.gao.gov/products/GAO-13-77.third-party vendors to collect fees, market-based congestion mitigation, equity concerns, ease of compliance, and the reliability and security of technology.17One important issue such a pilot program would need to study is the ability of a distance-based charging system to deal with vehicles crossing jurisdictional lines.


More Definitions of Delivery Deficiency Damages

Delivery Deficiency Damages means with respect to any Delivery Deficiency, an amount equal to (a) the positive net amount, if, any, by which the sum of (x) weighted average Real Time Energy Market LMP over the applicable Winter Peak Period or two Contract Year period plus (y) the Replacement Price for Environmental Attributes exceeds the applicable Price that would have been paid for the Products pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Deficiency, plus (b) additional transmission charges, if any, incurred by Buyer to transmit Replacement Energy to the Delivery Point, plus (c) any costs or charges incurred by Buyer with respect to any Related Transmission Facilities associated with the quantity of Energy not Delivered as a result of that Delivery Deficiency, plus (d) any other costs incurred by Buyer in purchasing Replacement Energy and/or Replacement RECs due to that Delivery Deficiency, plus (e) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of that Delivery Deficiency, plus (f) any other costs and losses incurred by Buyer as a result of that Delivery Deficiency. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Delivery Deficiency Damages.]
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Related to Delivery 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.

  • Gas Supply Deficiency means any occurrence relating to Seller's gas supply which causes Seller to deliver less than the total requirements of its system, including failures of suppliers to deliver gas for any reason, requirement of gas for system storage, conservation of gas for future delivery, or any other occurrence which is not enumerated herein which affects Seller's gas supply.

  • 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.

  • Daily Deficiency Rate means the rate employed to assess certain deficiency charges under Tariff, Attachment DD, section 7, Tariff, Attachment DD, section 8, Tariff, Attachment DD, section 9, or Tariff, Attachment DD, section 13.

  • Erroneous Payment Return Deficiency has the meaning assigned to it in Section 14.14(d).

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

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

  • Consequential Loss means loss of profits, anticipated loss of profit or revenue, loss of production, loss of business opportunity, loss of or damage to goodwill or reputation, loss of use or any other similar loss, but excludes:

  • Defects Liability Certificate means the certificate issued by Architect upon correction of defects by the Contractor.

  • Spread Account Deficiency means the excess, if any, of the Required Spread Account Amount over the Available Spread Account Amount.

  • Defects Liability Expiry Certificate means the certificate to be issued by the Client to the Contractor, in accordance with the Contract.

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

  • 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:

  • 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

  • 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.

  • Warranty Event As to any Asset, the discovery that as of the related Cut-Off Date or Funding Date there had existed a breach of any representation or warranty relating to such Asset and the continuance of such breach through any applicable determination date or beyond any applicable cure period.

  • Daily Failure Amount means the product of (x) .005 multiplied by (y) the Closing Sale Price of the Common Stock on the applicable Share Delivery Date.

  • Mental deficiency means mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.

  • Environmental Damage means any injury or damage to persons, living organisms or property (including offence to man’s senses) or any pollution or impairment of the environment resulting from the discharge, emission, escape or migration of any substance, energy, noise or vibration;

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

  • 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.

  • Event of Loss means, with respect to any Property, any of the following: (a) any loss, destruction or damage of such Property; (b) any pending or threatened institution of any proceedings for the condemnation or seizure of such Property or for the exercise of any right of eminent domain; or (c) any actual condemnation, seizure or taking, by exercise of the power of eminent domain or otherwise, of such Property, or confiscation of such Property or the requisition of the use of such Property.