Storage Expected Capacity definition
Examples of Storage Expected Capacity in a sentence
Upon such payment, the resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.
Notwithstanding anything to the contrary, Seller shall use Commercially Reasonable Efforts to achieve Commercial Operation of the Facility at a Nameplate Capacity for the Generating Facility equal to the Expected Capacity and Storage Capacity for the Storage Facility equal to the Storage Expected Capacity.
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 ▇▇▇▇▇ 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.
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 Buyer 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.
Notwithstanding anything to the contrary, Seller shall use Commercially Reasonable Efforts to achieve Commercial Operation at a Nameplate Capacity for the Generating Facility equal to the Expected Capacity and Storage Capacity for the Storage Facility equal to the Storage Expected Capacity.
It is understood and agreed by the Parties that (i) Buyer shall be damaged by the failure of Seller to meet such obligations, (ii) it would be Formatted: No underline Seller’s failure to achieve (1) a Contract Capacity equal to at least ninety-five percent (95%) of the Expected Capacity or (2) a Storage Contract Capacity equal to at least ninety-five percent (95%) of the Storage Expected Capacity shall constitute, in and of itself, such a breach, default or Event of Default.
Operation Date, require Seller to resize (A) the Expected Capacity to the highest COD Capacity Threshold and/or (B) the Storage Expected Capacity to the highest Storage COD Capacity Threshold, in each case, at which Seller satisfies all of the conditions to the Commercial Operation Date.
Storage Expected Capacity is below (B) the original Storage Expected Capacity (regardless of the reason for such shortfall, including Force Majeure).
The resizing of the Storage Expected Capacity according to Section 3.8 shall become effective concurrently with the payment required by this Section 3.9.