EAF Performance Metric definition
Examples of EAF Performance Metric in a sentence
Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the ▇▇▇▇ EAF Performance Metric for a ▇▇▇▇ Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.
If the ▇▇▇▇ Annual Equivalent Availability Factor for such ▇▇▇▇ Measurement Period is less than 97% (the "▇▇▇▇ EAF Performance Metric"), Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the current ▇▇▇▇ Measurement Period: Such liquidated damages shall be due within thirty (30) Days after the first to occur of the end of such ▇▇▇▇ Measurement Period or the end of Term.
Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the EAF Performance Metric for a Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.
Although the liquidated damages that are payable if the Annual EAF fails to satisfy the EAF Performance Metric address this issue in certain of the circumstances when the Facility or a portion thereof is unable to receive or deliver electric energy, the Annual EAF does not account for events of Force Majeure because such events are included in the ExcludedTime classification under Attachment U (Annual Equivalent Availability Factor) to this Agreement.
Each Party agrees and acknowledges that (i) the damages that Company would incur if the Subscriber Organization fails to achieve the ▇▇▇▇ EAF Performance Metric for a ▇▇▇▇ Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.