Examples of Performance LDs in a sentence
Each Party agrees and acknowledges that (I) the damages that Buyer would incur due to Shortfall would be difficult or impossible to predict with certainty and (II) the Performance LDs are an appropriate approximation of such damages.
The Parties agree that Buyer’s receipt of the Performance LDs shall (x) not be construed as Buyer’s declaration that an Event of Default has occurred under any provision of Article VII and (y) not limit Buyer’s right to receive a Termination Payment upon exercise of Buyer’s default right pursuant to Article VII.
Superintendent Lindstrom gave his report, he updated the council that the Willow Street Project should be started July 18, 2022.
For Output delivered to Buyer pursuant to this Agreement, Buyer or its agent shall pay Seller by electronic transfer of funds by the later of the twentieth (20th) day of the month or the tenth (10th) Business Day after the invoice is received in accordance with Section 3.2, subject to Buyer’s right to set-off any Daily LD Amount or Performance LDs owed by Seller to Buyer as described in Sections 4.4(b)(iii) or 4.6(b)(iii), respectively.
Subject to the adjustments described in Sections 2.4(a) and (b) and related to Performance LDs under the provisions of Section 4.6, during the period of delivery of any Test Energy and during the Delivery Term, for Output delivered or tendered to Buyer at the Point of Interconnection, Buyer shall pay Seller a price per MWh of Output equal to Thirty Six Dollars and Seventy-Six Cents ($36.76) per MWh (“Price”).
A nominal clause may function in a sentence as a subject, subjective complement, appositive, object of preposition, direct object or indirect object.
Subject to the adjustments described in Sections 2.4(a) and (b) and related to Performance LDs under the provisions of Section 4.6, during the period of delivery of any Test Energy and during the Delivery Term, for Output delivered or tendered to Buyer at the Point of Interconnection, Buyer shall pay Seller a price per MWh of Output equal to _______ Dollars ($_____ ) per MWh (“Price”).
Performance LDs should be in line with the project revenue loss when the system is not meeting the guaranteed performance level.
Notwithstanding anything to the contrary, Performance LDs will be paid at the end of the First Cure Period if not bought down earlier by Contractor, or secured with a financial instrument if a Second Cure Period is justified and granted by Owner.
Performance LDs. If, for any Calculation Period, the Calculation Period Deemed Delivered Energy Production is less than the Two (2) Year Minimum Production Threshold (any such shortfall, in MWh, a “Shortfall”), then Seller may cure such Shortfall by paying or crediting Buyer liquidated damages based on the amount of such Shortfall in an amount equal to (i) the amount of such Shortfall multiplied by (ii) the per MWh Price in this Agreement multiplied by (iii) a factor of 1.2 (“Performance LDs”).