ASP of Incomplete Contracts Clause Samples

ASP of Incomplete Contracts. (a) Akeena hereby guarantees that the ASP for the ASP Contracts shall be no less than $[***] per guaranteed watt of capacity installed, net of all discounts Akeena offered to the SunRun customer or SunRun itself (“Target ASP”). (b) In the event that the Parties’ determine that the ASP for the ASP Contracts is less than the Target ASP, Akeena agrees to pay Real Goods pursuant to Section 2.3(c) an amount equal to the amount determined by multiplying (i) the number of guaranteed w▇▇▇▇ of capacity installed under the ASP Contracts by (ii) the difference between (A) the Target ASP and (B) the actual ASP for the ASP Contracts (the “ASP Deficiency Payment”). (c) An initial ASP Deficiency Payment, if any, shall be due and payable within 30 days after the date upon which at least 50% of the ASP Contracts have achieved Final Completion, which payment shall be calculated based upon the ASP Contracts completed as of such date. A second ASP Deficiency Payment from Akeena, if due, shall be payable within 30 days after 100% of the ASP Contracts have achieved Final Completion. The second ASP Deficiency Payment, if any, shall be calculated based upon all of the ASP Contracts. However, it shall be reduced by the amount of the initial ASP Deficiency Payment.