Overproduction Clause Samples

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Overproduction. If crop yields for a growing season result in an excess of Raw Products beyond the volumes contemplated in the Seneca Plan and the CMF Plan, ("Overproduction"), then (subject to the provisions of Section 13), CMF and Seneca shall purchase such Overproduction, on a pro rata basis determined based on requirements for such Raw Products as are specified in the Seneca Plan and the CMF Plan. In determining such allocation, CMF shall provide Seneca with sufficient information from the CMF Plan for the applicable growing season pertaining to the affected categories of Raw Products to establish that the Overproduction allocated to Seneca is in accordance with this Section 11. Notwithstanding the foregoing, any Overproduction of the Seneca Products, as defined in Section 10, shall be allocated solely to Seneca under this Section 11.
Overproduction. If, over the course of the Initial Term, the Solar System produces more energy than the predicted Guaranteed Output, then the extra energy will be yours at no additional cost. Sunrun may use this overproduction amount to offset future underproduction in a given period should the Actual Output attributable to such period be less than the Guaranteed Output attributable to such period.
Overproduction. If, over the course of the Term, the PV System produces more energy than the production guarantee above, then the extra energy will be yours at no additional cost.
Overproduction. If, over the course of the Initial Term, the Solar System produces more energy than the predicted Guaranteed Output, then the extra energy will be yours at no additional cost. Sunrun may use this overproduction amount to offset future underproduction in a given period should the Actual Output attributable to such period be less than the Guaranteed Output attributable to such period. a. Actual Output and Refunds. On the 24 month anniversary of the In-Service Date and on every 24 month anniversary thereafter, Sunrun will calculate the "Actual Output" of the Solar System. For the purposes of this Agreement, "Actual Output" shall mean the amount of electric energy generated by the Solar System to date plus any kWh for which you have previously received a refund. Subject to Section D(2), if the Actual Output is less than the Guaranteed Output for that 24 month anniversary set forth on Exhibit A, Sunrun will issue you a refund. This refund will be calculated by subtracting the Actual Output for that 24 month anniversary from the Guaranteed Output for that 24 month anniversary, and multiplying the result by the refund per kWh amount as set forth for that 24 month anniversary on Exhibit A. For example, if in year 10 the system was expected to have generated 62,000kWh cumulatively and actual generation was 61,500, and your refund rate is $0.13, we will credit your account based on the 500kWh the system fell short multiplied by your refund rate, i.e. 500kWh x $0.13 = $65.
Overproduction. In the event that Seller over produces the Goods described in this Agreement, Seller shall notify Buyer of the overproduction and identify the type and quantity of Goods overproduced. Buyer shall accept and pay for said goods according to the terms of the Invoice.
Overproduction. If, over the course of the Initial Term, the Solar System produces more energy than the predicted Guaranteed Output, then the extra energy will be yours at no additional cost. Sunrun may use this overproduction amount to offset future underproduction in a given period should the Actual Output attributable to such period be less than the Guaranteed Output attributable to such period. a. Actual Output and Refunds. On the 24 month anniversary of the In-Service Date and on every 24 month anniversary thereafter (each, a “Guarantee Date”), Sunrun will calculate the "Actual Output" of the Solar System. For the purposes of this Agreement, "Actual Output" shall mean the amount of electric energy generated by the Solar System to date plus any kWh for which you have previously received a refund. Subject to Section D(2), if the Actual Output is less than the Guaranteed Output for that Guarantee Date set forth on Exhibit A, Sunrun will issue you a refund. This refund will be calculated by subtracting the Actual Output for that Guarantee Date from the Guaranteed Output for that Guarantee Date, and multiplying the result by the refund per kWh amount as set forth for that Guarantee Date on Exhibit A. For the last year of the Initial Term (year 25), the guarantee period will be 12 months. For example, if in year 10 the system was expected to have generated 62,000kWh cumulatively and actual generation was 61,500, and your refund rate is $0.13, we will credit your account based on the 500kWh the system fell short multiplied by your refund rate, i.e. 500kWh x $0.13 = $65.

Related to Overproduction

  • Imbalances The parties hereto recognize that with respect to Section 2.01, on any Day, receipts of gas by Union and deliveries of gas by Union may not always be exactly equal, but each party shall cooperate with the other in order to balance as nearly as possible the quantities transacted on a daily basis, and any imbalances arising shall be allocated to the Facilitating Agreements and shall be subject to the respective terms and charges contained therein, and shall be resolved in a timely manner.

  • Gas Imbalances As of the Closing Date, except as set forth on Schedule 7.24 or on the most recent certificate delivered pursuant to Section 8.07(c), on a net basis there are no gas imbalances, take or pay or other prepayments with respect to any of the Obligors’ Oil and Gas Properties which would require any such Obligors to deliver, in the aggregate, five percent (5%) or more of the monthly production of Hydrocarbons produced from their Oil and Gas Properties at some future time without then or thereafter receiving fall payment therefor.

  • Volumes The Authority gives no guarantees of volumes. Any volumes mentioned in this Contract, are indicative only and shall not be binding on the Authority.

  • Production Lessee shall, subject to applicable laws, regulations and orders, operate and produce all ▇▇▇▇▇ upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of ▇▇▇▇▇ on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefore, and except for such limitations on, or suspensions of, production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties.

  • Environmental Attributes Seller acknowledges and agrees that any Environmental Attribute associated with or related to the Product will not be sold or otherwise made available to a third party but will be sold to Buyer pursuant to this Agreement. For the avoidance of doubt, the Product sold hereunder must meet the definition of “renewable energy credit” under the IPA Act.