Examples of Expected Capacity in a sentence
The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Buyer as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity.
Notwithstanding anything to the contrary, Seller shall use Commercially Reasonable Efforts to achieve Commercial Operation of the Facility at a Nameplate Capacity equal to the Expected Capacity.
If Buyer requires Seller to, or Seller elects to, resize the Expected Capacity according to Section 3.8, Seller shall pay to Buyer, as liquidated damages, an amount equal to (a) [ ] Dollars ($[ ])8, multiplied by (b) the number of MW by which (i) the resized Expected Capacity is below (ii) the original Expected Capacity (regardless of the reason for such shortfall, including Force Majeure).