XXXX EAF Performance Metric definition
Examples of XXXX EAF Performance Metric in a sentence
Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the XXXX EAF Performance Metric for a XXXX Measurement Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.
If the XXXX Annual Equivalent Availability Factor for such XXXX Measurement Period is less than 97% (the "XXXX EAF Performance Metric"), Seller shall pay, and Company shall accept, as liquidated damages for such shortfall, the amount set forth in the following table (on a progressive basis) upon proper demand at the end the current XXXX Measurement Period: Such liquidated damages shall be due within thirty (30) Days after the first to occur of the end of such XXXX Measurement Period or the end of Term.