Common use of Delivery Shortfalls Clause in Contracts

Delivery Shortfalls. Capacity Commitment‌ [Note: This section will only be included for Sellers that made a capacity commitment in their Proposal.] Following the end of each Capacity Commitment Period, the Buyer will assess the Seller’s performance of its obligations in section 7.3 during the entire Capacity Commitment Period. If the Seller failed to deliver the full amount of the Designated Capacity Commitment in at least 95% of the individual Eligible Hours (as defined below) during the Capacity Commitment Period, the Seller shall pay liquidated damages to the Buyer for that Capacity Commitment Period (the “Delivery Shortfall LDs”), calculated as follows: Delivery Shortfall LDs: = $58,000/MWh; multiplied by CPIJan 1,N/CPIJan1,2024; multiplied by the Designated Capacity Commitment less the Deemed Delivered Capacity Commitment for the Capacity Commitment Period, where:

Delivery Shortfalls. Capacity Commitment‌ [Note: This section will only be included for Sellers that made a capacity commitment in their Proposal.] Following the end of each Capacity Commitment Period, the Buyer will assess the Seller’s performance of its obligations in section 7.3 during the entire Capacity Commitment Period. If the Seller failed to deliver the full amount of the Designated Capacity Commitment in at least 95% of the individual Eligible Hours (as defined below) during the Capacity Commitment Period, the Seller shall pay liquidated damages to the Buyer for that Capacity Commitment Period (the “Delivery Shortfall LDs”), calculated as follows: Delivery Shortfall LDs: = $58,000/MWh; multiplied by CPIJan 1,N/CPIJan1,2024CPIJan1,2025; multiplied by the Designated Capacity Commitment less the Deemed Delivered Capacity Commitment for the Capacity Commitment Period, where: