Examples of Shortfall Damages in a sentence

Buyer may draw on the Performance Assurance (i) upon Seller’s failure to pay Buyer the Shortfall Damages as provided in Section 7.1, (ii) upon Seller’s failure to make any other payment due to Buyer hereunder in the amount of such unpaid payment or (iii) upon the occurrence and during the continuation of any event of Default by Seller to pay all amounts due to Buyer hereunder at such time and all damages, costs, losses, expenses and other liabilities incurred by Buyer resulting from such event of Default.
If Seller pays Shortfall Damages in any GEP Period, then for the purpose of calculating the Shortfall Damages in the next GEP Period, the Metered Quantity for the first year of the next GEP Period shall be eighty percent (80%) of the Contract Quantity.
If Seller fails to achieve the GEP as set forth in Section 4.1(a) (such shortfall amount, the “Shortfall Energy”) Seller shall pay Buyer liquidated damages (the “Shortfall Damages”) calculated as follows: The Shortfall Damages shall be equal to the product of (I) and (II), where (I) is the Replacement Energy Price, and (II) is the Shortfall Energy.

More Definitions of Shortfall Damages

Shortfall Damages has the meaning set forth in Section 9.3. “Shortfall Energy” has the meaning set forth in Section 9.1.

Shortfall Damages means damages for Seller’s failure to provide the Committed Load Reduction during a Program Event or Capacity Test, the calculation of which shall be done pursuant to Section 4.9(c).

Shortfall Damages has the meaning set forth in Section 4.1(b).

Shortfall Damages has the meaning specified in Section 6.5(c). “Solar RFP” has the meaning set forth in the Recitals to this Agreement. “State” means the Commonwealth of Virginia.

Shortfall Damages means a payment in the amount equal to the product of the Shortfall and the Contract Price paid by Seller to Buyer.

Shortfall Damages means and refer to the product of (x) the difference between (A) (Y)620,750,000 and (B) an amount equal to the Qualified Aggregate Net Sales (as defined below) of the Company for the six-month period ending September 30, 1998, multiplied by (y) 0.87, and (ii) the term "QUALIFIED AGGREGATE NET SALES" shall mean and refer to that portion of the Company's aggregate net sales with an average gross margin of no less than thirty five percent (35%).

Shortfall Damages shall be determined by multiplying (x) Shortfall Energy, by (y) the positive difference, if any, of the Replacement Price less the PPA Price. The “Replacement Price” shall be the total price at which the Buyer would have to pay to purchase energy, RECs and capacity of comparable value to replace the Shortfall Energy.