Guaranteed Output. Subject to the conditions set forth in this Section D, Sunrun guarantees that the Solar System will generate ninety-five percent (95%) of the Estimated Output during the Initial Term of this Agreement as set forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in this Section D, Sunrun will issue you a refund if the Solar System does not generate the Guaranteed Output. Sunrun will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the weather or (c) shading conditions that were present at the Home at the commencement of installation. For the avoidance of doubt, Sunrun will not issue you a refund for underproduction arising from any of the following: • Underproduction arising from your failure to comply with your obligations under the Agreement. • Underproduction arising from shading conditions (other than weather) different from those that were present at the Home at the commencement of installation. • Underproduction as a result of a grid failure disabling the Solar System. • Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. • Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Sunrun makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section D(2). Agreed and accepted by: (Initials)
Guaranteed Output. 6.1.1 WMRE covenants that beginning with the second (2nd) Contract Year the amount of Energy sold to City Light during each Contract Year will be greater than the Guaranteed Output. If WMRE fails to sell to City Light the Guaranteed Output during any Contract Year after the first Contract Year, then WMRE shall pay City Light an amount determined as follows: For each Month that the Market Price is greater than the Contract Rate the payment shall equal ((Guaranteed Output – annual Energy)/9) multiplied by (Market Price – Contract Rate). Total annual payment will be equal to the sum of all nine months’ payments. An Example illustrating the calculation under certain stated assumptions is set forth in Exhibit I, Replacement Energy Cost Example Calculation.
Guaranteed Output. Guaranteed Output with respect to the following Initial Project, at the relevant rated summer conditions for such Project, are set forth below: -------------------------------------------------------------------------------------------------------------------- Summer Power Power HP IP Condenser Condenser Peak Dry Bulb Relative Fuel Factor Factor Blowdown Blowdown Makeup Makeup Summer Capacity* Temperature Humidity Elevation Temperature** (GT) (ST) Flow Flow Flow Temp. -------------------------------------------------------------------------------------------------------------------- MW F % Ft. F - - % % Lb/Hr F -------------------------------------------------------------------------------------------------------------------- Franklin 1 571 95.0 40.0 560 25.0 0.82 0.98 0.5 1.0 224,005 83 Franklin 2 615 95.0 39.8 560 25.0 0.82 0.95 0.5 1.0 226,689 83 Harris 1 618 95.0 44.3 200 25.0 0.00 0.95 0.5 1.0 229,045 83 Harris 2 618 95.0 44.3 200 25.0 0.00 0.95 0.5 1.0 229,045 83 Wansley 1134 95.0 42.5 740 25.0 0.00 0.98 0.5 1.0 221,913 80 -------------------------------------------------------------------------------------------------------------------- * All to the high side of the generator step-up transformer ** 25F is as of the gas is delivered to each combustion turbine. The gas is then heated by the Project's process before entry to the combustion turbine burner SCHEDULE V AMENDED AND RESTATED CREDIT AGREEMENT TESTING PROCEDURES
Guaranteed Output. Seller hereby guarantees that Buyer’s Allocated Percentage of Delivered Energy will be at least ninety percent (90%) of Buyer’s Allocated Percentage multiplied by Adjusted Annual Expected Performance Output (the “Guaranteed Output”). For purposes of calculating whether the Guaranteed Output has been achieved, within forty-five (45) days following each anniversary of the Commercial Operation Date during the Term, Seller shall deliver to Buyer a report (the “Seller’s Report”) describing Buyer’s Allocated Percentage, the amount of Excused Output, the Delivered Energy, the inputs used to calculate the Adjusted Annual Expected Performance Output, the Annual Expected Performance Output and whether the Delivered Energy achieves the Guaranteed Output.
Guaranteed Output. Seller guarantees that the annual production of energy from the Facility in each Contract Year beginning with the first full Contract Year shall be no less than [ ] MWh (the “Guaranteed Output”). Energy that is not delivered because it has been curtailed under Section 4.4.2 shall be deemed delivered for purposes of calculating the annual production of energy from the Facility.
