Lost Production definition

Lost Production means for any applicable period the quantity, if any, of Delivered Energy Seller could have produced and delivered to Buyer at the Point of Delivery during such period but that was not produced and delivered as a result of a Compensated Curtailment.

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedSchedule a Demo

Lost Production means for any applicable period the quantity, if any, of Energy Seller could have produced and delivered to NorthWestern at the Point of Interconnection during such period calculated using data from the SCADA System and based on actual measurements during the applicable time as recorded by the Facility’s measurement instrumentation, but that was not produced and delivered as a result of a Compensated Curtailment.

Lost Production means for any applicable period the quantity, if any, of Delivered Energy Seller could have produced and delivered at the Point of Delivery during such period but that was not produced and delivered as a result of a Compensated Curtailment.

Examples of Lost Production in a sentence

• Seller is not entitled to compensation for Lost Production if Energy is curtailed due to any reason that qualifies as an Uncompensated Curtailment.

• In the event the delivery of energy is curtailed due to a reason that qualifies as a Compensated Curtailment, and such curtailment results in Lost Production, Seller shall be entitled to Lost Production Damages on a monthly basis as its sole and exclusive remedy and Buyer’s sole and exclusive liability.

• Lost Production must be calculated using data from the SCADA System and based on actual measurements during the applicable time as recorded by the Plant’s measurement instrumentation.

• Seller shall provide to Buyer relevant data and supporting documentation so that Buyer can verify the calculation of Lost Production.

• The principal amount of the Debenture shall not be adjusted for any Lost Production until twelve months after the termination of the registered representative or agent for whom such an adjustment is required.

More Definitions of Lost Production

Lost Production means, in respect of any applicable period, the difference between (i) 1850 metric tons of ammonia per day multiplied by the number of days in the applicable period, and (ii) the quantity of ammonia actually produced during such period.

Lost Production means for any applicable period the quantity, if any, of Energy Seller could have produced and delivered to NorthWestern at the Point of Interconnection during such period calculated using data from the SCADA System and based on actual measurements during the applicable time as recorded by the Facility’s measurement instrumentation, but that was not produced and delivered as a result of a NorthWestern-ordered curtailment. For the purpose of clarification, restrictions on the production and delivery of Energy due to an Uncompensated Curtailment do not qualify as Lost Production or entitle Seller to Lost Production Damages..

Lost Production means for any applicable period the quantity, if any, of Delivered Energy Seller could have produced and delivered at the Point of Delivery during such period but that was not produced and delivered as a result of a Compensated Curtailment, as determined based on the Real-Time Generation Capability of the Plant.

Lost Production has the meaning set forth in Section 5.8.4.

Lost Production has the meaning given that term in Section 7.10(c)(i).

Lost Production means for any period the quantity, if any, of Energy and E nvironmental A ttributes that S ▇▇▇▇▇ coul d have m ade av ailable t o Purchaser at t he D elivery Point dur ing s uch p eriod but t hat w as not s o made available as a result of a Compensated Backdown. The Lost Production shall be calculated by S ▇▇▇▇▇ using d ata f rom t he S CADA System and based on act ual wind speed measurements dur ing t he appl icable t ime as r ecorded by th e W ind Project's w ind s peed m easurement i nstrumentation. U pon P urchaser's r equest, Seller shall provide to Purchaser relevant data and supporting documentation so that Purchaser can verify the calculation of Lost Production, as contemplated by the pr eceding s entence. P urchaser s hall p ay t o S ▇▇▇▇▇ on a m onthly b asis, as liquidated damages in respect of any Lost Production, the amount determined in accordance with the following formula ("Lost Production Liquidated Damages"): Where:

Lost Production means for any applicable period the quantity, if any, of Energy that Seller could have produced and delivered to Buyer at the Point of Interconnection during such period calculated using data from Seller’s SCADA System and based on actual measurements during the applicable time as recorded by Seller’s Project’s measurement instrumentation, but that was not produced and delivered to Buyer as a result of a Compensated Curtailment, Buyer Dispatch Failure, or a Buyer Event of Default.