Examples of Production Threshold in a sentence
The Parties agree that actual damages to Customer as the result of Seller’s failure to produce the Minimum Production Threshold would be difficult to ascertain, and the Shortfall Payment is a reasonable approximation of the damages suffered by Customer as a result of Shortfall during the Guarantee Term.
If the Adjusted Energy Production Amount is less than the Minimum Production Threshold (any such shortfall, measured in kWh, a “Shortfall”), then Seller may cure such Shortfall by paying or crediting Customer liquidated damages in the amount of the Shortfall Payment.
During the Guarantee Term, Seller guarantees that the Adjusted Energy Production Amount for each Guarantee Period shall be no less than the Minimum Production Threshold for such Guarantee Period set forth in Table 1 of this Exhibit B.
Except as otherwise expressly stated in Section 12 of the General Terms and Conditions, the Shortfall Payment shall be Customer’s sole and exclusive remedy for Seller’s failure to produce the Minimum Production Threshold during the Guarantee Term.
During the Guarantee Term, Provider guarantees that the Adjusted Energy Production Amount for each Guarantee Period shall be no less than the Minimum Production Threshold for such Guarantee Period set forth in Table 1 of this Exhibit F.
If the Adjusted Energy Production Amount is less than the Minimum Production Threshold (any such shortfall, measured in kWh, a “Shortfall”), then Provider may cure such Shortfall by paying or crediting District liquidated damages in the amount of the Shortfall Payment.
The Parties agree that actual damages to District as the result of Provider’s failure to produce the Minimum Production Threshold would be difficult to ascertain, and the Shortfall Payment is a reasonable approximation of the damages suffered by District as a result of Shortfall during the Guarantee Term.
Except as otherwise expressly stated in the Agreement, the Shortfall Payment shall be District’s sole and exclusive remedy for Provider’s failure to produce the Minimum Production Threshold during the Guarantee Term.
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”).
Any obligation of Micron to pay Intermolecular a [***]Fee identified in a Project SOW, or a portion thereof (in the case of multiple Triggers), shall be conditioned upon Micron's satisfaction of a Production Threshold once Intermolecular has provided Micron with the Deliverables satisfying one or more Triggers.