Common use of Capacity Reduction Clause in Contracts

Capacity Reduction. If a Force Majeure occurs that reduces the EEP of the System and Contractor determines the System cannot, within ninety (90) calendar days, be restored to a capacity sufficient to satisfy its obligations under this SPPA, Contractor shall give the Judicial Council written notice of such determination as soon as possible. If Contractor demonstrates to the Judicial Council’s reasonable satisfaction that the System can, within ninety (90) calendar days, be repaired and restored such that the PV System can deliver at least fifty percent (50%) of the applicable EEP for the remaining Term, then Contractor may elect to prosecute such repairs as necessary to deliver at least 50% of the applicable EEP for the remaining Term. Contractor must notify the Judicial Council of such election in writing, which notice must specify the procedures and dates for the planned repairs. If Contractor notifies the Judicial Council of such election, the Parties agree to amend the provisions in this SPPA relating to or derived directly from EEP, including the GEP, to reflect the capacity of the PV System that remains operable after Contractor’s repairs pursuant to this section. No other terms or conditions in this SPPA shall be changed and the Term shall not be extended.

Capacity Reduction. If a Force Majeure occurs that reduces the EEP of the System and Contractor CONTRACTOR determines the System cannot, within ninety (90) calendar days, be restored to a capacity sufficient to satisfy its obligations under this SPPA, Contractor CONTRACTOR shall give the Judicial Council HOST written notice of such determination as soon as possible. If Contractor CONTRACTOR demonstrates to the Judicial CouncilHOST’s reasonable satisfaction that the System can, within ninety (90) calendar days, be repaired and restored such that the PV System can deliver at least fifty percent (50%) of the applicable EEP for the remaining Term, then Contractor CONTRACTOR may elect to prosecute such repairs as necessary to deliver at least 50% of the applicable EEP for the remaining Term. Contractor CONTRACTOR must notify the Judicial Council HOST of such election in writing, which notice must specify the procedures and dates for the planned repairs. If Contractor CONTRACTOR so notifies the Judicial Council HOST of such election, the Parties agree to amend the provisions in this SPPA relating to or derived directly from EEP, including the GEP, to reflect the capacity of the PV System that remains operable after ContractorCONTRACTOR’s repairs pursuant to this section. No other terms or conditions in this SPPA shall be changed and the Term shall not be extended.extended.‌

Capacity Reduction. If a Force Majeure occurs that reduces the EEP of the System and Contractor determines the System cannot, within ninety (90) calendar days, be restored to a capacity sufficient to satisfy its obligations under this SPPA, Contractor shall give the Judicial Council written notice of such determination as soon as possible. If Contractor demonstrates to the Judicial Council’s reasonable satisfaction that the System can, within ninety (90) calendar days, be repaired and restored such that the PV System can deliver at least fifty percent (50%) of the applicable EEP for the remaining Term, then Contractor may elect to prosecute such repairs as necessary to deliver at least 50% of the applicable EEP for the remaining Term. Contractor must notify the Judicial Council of such election in writing, which notice must specify the procedures and dates for the planned repairs. If Contractor notifies the Judicial Council of such election, the Parties agree to amend the provisions in this SPPA relating to or derived directly from EEP, including the GEP, to reflect the capacity of the PV System that remains operable after Contractor’s repairs pursuant to this section. No other terms or conditions in this SPPA shall be changed and the Term shall not be extended.. 38