Common use of Annual Plant Electrical Generation Guarantees Clause in Contracts

Annual Plant Electrical Generation Guarantees. Vendor guarantees that the Plant’s annual XXX weighted electrical generation for each of the [*] one-year periods, set forth in Section 8.1.1, will be not less than the lesser of: (i) the proforma financial model projected XXX weighted electrical generation or (ii) the Performance Model Adjusted Annual Plant Electrical Generation times the percentages set forth below for each of the one year periods: (w) [*] for the Plant’s first year of operation; (x) [*] for the second year; (y) [*] for the third year; and (z) [*] for the fourth year (each such guarantee an “Annual Plant Electrical Generation Guarantee”); provided, however, that Vendor makes such guarantee only to the extent that a failure to achieve an Annual Plant Electrical Generation Guarantee is due to Vendor’s performance under this Agreement, or to its, or its Affiliates’ performance under the SFSS; and Vendor makes no such guarantee in the event such failure is due to the Owner’s, EPC Contractor’s or Operator’s improper storage, handling, installation, erection, commissioning, start-up, operation or maintenance of the Solar Field or SRSG (excluding commissioning and start-up services with respect to the Leased Tools and the Solar Field provided by Vendor, its Affiliates or subcontractors) or to the EPC Contractor’s conduct of his other work under the ECC.