Minimum Delivery Requirements Sample Clauses
The Minimum Delivery Requirements clause sets a baseline quantity or standard that must be met for the delivery of goods or services under a contract. Typically, it specifies the least amount or frequency of deliveries that the supplier is obligated to fulfill, such as a minimum number of units per month or a minimum service level. This ensures that the buyer receives a guaranteed level of supply and helps prevent shortfalls, thereby providing predictability and protecting the buyer from insufficient deliveries.
Minimum Delivery Requirements. (a) For each Capability Measurement Period, the Average Delivered RECS shall be no less than an amount of Tier 4 RECs, including Additional RECs, equal to the product of 40% and the Bid Quantity (the “Minimum Delivery Requirement”); subject to further reductions for: (i) any Reliability Curtailment or other Qualifying Curtailment (adjusting for the duration and extent of such curtailment during the applicable Capability Measurement Period) that is not caused in whole or in part by Seller or any of its affiliates, (ii) Seller’s inability to generate or deliver Tier 4 RECs during the applicable Capability Measurement Period due to a Force Majeure event as described in Section 16.01 of this Agreement (adjusting for the duration and extent of Seller’s inability to perform caused by such Force Majeure event), and (iii) a pro rata reduction for each hour during the applicable Capability Measurement Period during which Tier 4 RECs are transferred to NYSERDA without compensation pursuant to Section 4.04 of this Agreement.
(b) No more than thirty (30) days after the conclusion of any Capability Measurement Period in which Seller’s Average Delivered RECs is less than the Minimum Delivery Requirement Seller shall so notify NYSERDA. To the extent that the Minimum Delivery Requirement for such Capability Measurement Period must be reduced for the reasons identified in subsections 4.10(a)(i), (ii) or (iii) above, Seller shall provide any documentation necessary to substantiate such reduction.
(c) Commencing with the first Capability Measurement Period, and for each Capability Measurement Period thereafter, any deficit between Seller’s Average Delivered RECs and the Minimum Delivery Requirement for such Capability Measurement Period (“Delivery Shortfall”), shall be remedied by the assessment of Cover Damages corresponding to quantity of the Delivery Shortfall. Cover Damages will be offset from amounts due to Seller from NYSERDA under Section 4.07 of this Agreement; provided, however, that if Cover Damages owed under this Section 4.10 are not recovered through twelve (12) months of such offsets, Seller will settle the outstanding balance of such offsets in cash. Each Party agrees and acknowledges that (i) the damages that NYSERDA would incur due to Seller’s failure to meet a Minimum Delivery Requirement would be difficult or impossible to predict with certainty, (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Co...
Minimum Delivery Requirements. Until March, 2000, ninety- eight percent (98%) of the Delivery Requirements (as defined in Section 2.6, and as may be extended pursuant to Section 2.6(d)), and thereafter ninety-nine percent (99%) of the Delivery Requirements, as determined for each UNION PACIFIC location on a calendar month basis throughout the entire UNION PACIFIC system, except that the Minimum Delivery Requirement for each Program Shop (as defined in Section 1.7) is one hundred percent (100%).
Minimum Delivery Requirements. (a) For each complete Capability Period during the Contract Delivery Term, the Minimum Delivery Requirement (as a number of Tier 4 RECs) shall be the product of [40]% and