Deemed Delivered Energy Sample Clauses

Deemed Delivered Energy. “Deemed Delivered Energy” shall have the definition set forth in the Power Purchase Agreement.
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Deemed Delivered Energy. (a) If, for any reason, other than reasons of a Force Majeure Event or of a curtailment, interruption, or issuance of operational flow orders (OFO) by the delivering pipeline or Local Distribution Company (LDC), Buyer does not receive and use the specified input fuel or receive natural gas at the natural gas taps for the Bloom Systems contemplated in the [***] PPA in amounts, and with quality and pressure, sufficient to permit Buyer to generate Energy at the Baseload Capacity for such Bloom Systems multiplied by [***] or such failure to meet gas delivery requirements causes damage to [***] Confidential Treatment Requested such Bloom Systems requiring repair or replacement of such Bloom Systems, then Seller shall pay to Buyer any lost revenue that Buyer would have received under the [***] PPA for Energy that would have been produced by the Bloom Systems but for the failure to meet the gas delivery requirements for the Bloom Systems (including as a result of damage to the Bloom Systems) (“Deemed Delivered Energy”). Buyer shall invoice Seller for amounts due with respect to such Deemed Delivered Energy with respect to each calendar month at the time that Buyer invoices, or would have invoiced, [***] for such month under the [***] PPA for such Deemed Delivered Energy, and Seller shall pay such invoices within [***] days after receipt of such invoice. If Buyer recovers or receives any payment or reimbursement from the gas supplier or other third party in relation to an above-described event for which Seller makes a payment under this Section 8.11(a), then such amounts shall be promptly paid to Seller. In addition, if any Bloom System contemplated in the [***] PPA is damaged and needs to be repaired or replaced as a result of Buyer not receiving and using the specified input fuel, or as a result of the amount, quality or pressure of the natural gas received, Seller shall repair or replace the Bloom System in accordance with Section 8.3(b) as if the damage gave rise to a Portfolio Warranty claim.
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Deemed Delivered Energy. For each Settlement Period, Buyer shall pay Seller the Contract Price for each MWh of Deemed Delivered Energy above the Curtailment Cap. There shall be no payment for (i) Deemed Delivered Energy amounts below the Curtailment Cap, or
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Related to Deemed Delivered Energy

  • Performance by Purchaser Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchaser at or prior to the Closing Date.

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • Performance by Seller Seller shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by each of them, on or before the Closing Date.

  • Excuse from performance of obligations If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that:

  • Administrator Compliance Statement On or before ninety (90) days after the end of each fiscal year, commencing with the fiscal year ended March 31st immediately following the Closing Date, the Administrator shall deliver to the Issuer a statement of compliance addressed to the Issuer and signed by an authorized officer of the Administrator to the effect that (i) a review of the Administrator’s activities during the immediately preceding reporting year (or applicable portion thereof) and of its performance under this Agreement during such period has been made under such officer’s supervision, and (ii) to the best of such officer’s knowledge, based on such review, the Administrator has fulfilled all of its obligations under this Agreement in all material respects throughout such reporting year (or applicable portion thereof) or, if there has been a failure to fulfill any such obligation in any material respect, specifically identifying each such failure known to such officer and the nature and the status thereof. If the Administrator is the same party as the Servicer, such party’s compliance with Section 3.11(a) of the Sale and Servicing Agreement will satisfy the Administrator’s obligations set forth in this Section 1.21(b).

  • Performance by Contractor Where Pur- chaser’s employees, agents, contractors, Subcontractors, or their employees or agents perform Purchaser’s Opera- tions in connection with fire responsibilities, Purchaser’s obligations shall be the same as if performance was by Purchaser.

  • Performance Reporting The State of California is required to submit the following financial reports to FEMA:

  • Performance Monitoring A. Performance Monitoring of Subrecipient by County, State of California and/or HUD shall consist of requested and/or required written reporting, as well as onsite monitoring by County, State of California or HUD representatives.

  • Performance Data In accordance with section 34(2)(n) of the Act the EMHS is required to provide performance data for the monthly production of the performance reports as required by the Department CEO.

  • Performance Delay The performance of a Party impacted by a Force Majeure Event, other than the satisfaction of payment obligations that have accrued under this Agreement, is delayed, without liability, for the duration of a Force Majeure Event.

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