Shortfall Makeup Period definition
Examples of Shortfall Makeup Period in a sentence
The amount of Shortfall Energy shall first be reduced by the amount of any Excess Energy delivered during the applicable Shortfall Makeup Period.
To the extent there remains Shortfall Energy after the end of the applicable Shortfall Makeup Period, Seller shall, within ninety (90) days following the end of such Shortfall Makeup Period, provide Buyer with that quantity of Replacement Energy that is sufficient to make up the remaining Shortfall Energy in full.
If Seller fails to pay any Buyer its proportionate share of the Shortfall Damages prior to the end of the Shortfall Makeup Period, such Buyer shall have the right, as early as the last day of such Shortfall Makeup Period, to draw the applicable amount of Shortfall Damages owed to such Buyer from the Delivery Term Security.
Any additional costs or expenses associated with delivery of Facility Energy in excess of the Guaranteed Generation during the GEP Shortfall Makeup Period shall be borne by Seller.
If Seller is obligated to deliver Facility Energy in excess of the Guaranteed Generation during the GEP Shortfall Makeup Period under Section 9.1, it shall be delivered to Buyer on a delivery schedule directed by Buyer,...
If Seller fails to make up the full amount of any GEP Shortfall Energy by the end of the GEP Shortfall Makeup Period, then Seller shall within sixty (60) days after the end of such GEP Shortfall Makeup Period pay Buyer the GEP Shortfall Damages; provided that, if the GEP Shortfall occurs during the final Contract Year, then Seller shall within sixty (60) days after the end of that final Contract Year pay Buyer the GEP Shortfall Damages, if any.
Notwithstanding the foregoing, if a GEP Shortfall occurs during the last Contract Year, Seller shall pay GEP Shortfall Damages as provided in Section 9.2 without a GEP Shortfall Makeup Period which, except as set forth in Section 13.1(i), shall be Buyer’s sole and exclusive remedy in connection with Seller’s failure to meet the achieve the Guaranteed Generation amount.
If Seller elects to provide Replacement Energy for any Shortfall Energy, then Seller may, at any time during the applicable Shortfall Makeup Period provide Buyer with (i) that quantity of Replacement Energy that is equal to all or any portion of the Shortfall Energy.
If Seller fails during any Contract Year to deliver (or be deemed to deliver) Facility Energy and Deemed Generated Energy in an amount equal to the Guaranteed Generation (such failure, a “GEP Shortfall”), then, during the GEP Shortfall Makeup Period Seller shall deliver (or be deemed to deliver) to Buyer: Facility Energy and Deemed Generated Energy in excess of the Guaranteed Generation in accordance with Section 9.
If Seller fails following ten (10) Business Days’ Notice from Buyer to pay Buyer the GEP Shortfall Damages within sixty (60) days after the end of the GEP Shortfall Makeup Period, Buyer shall have the right to immediately draw the applicable amount of GEP Shortfall Damages owed to Buyer from the Operation Security.