Storage Contract Capacity definition
Examples of Storage Contract Capacity in a sentence
The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- five percent (95%) of the Expected Capacity and/or (B) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity.
Any other costs of any Storage Facility Test, including costs for Charging Energy for subsequent Storage Contract Capacity Tests, shall be borne by Seller .
Id. at 319.Further, in assessing the evidence presented by the parties, and conducting any factual or legal inquiries necessary, the Third Circuit counseled that the district court should not be afraid to engage in an analysis that may overlap with the merits of the case.
During the Delivery Term, Seller shall maintain the Storage Facility with a Storage Contract Capacity of not less than the [•] MWAC (the “Guaranteed Storage Contract Capacity”).
Seller will promptly provide written notice to Buyer of any Loss Event, specifying in reasonable detail its cause, any Storage Contract Capacity affected thereby, the steps Seller plans to take to repair and restore the Project and the time required to complete such repair and restoration.