Common use of Power Output Guarantee Clause in Contracts

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 24,934kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 13,546kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 71,071kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 23,321kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 84,736kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 39,819kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 42,756kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 17,943kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 22,415kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 29,992kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 14,890kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 26,341kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 18,207kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 10,417kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.

Power Output Guarantee. Subject to the terms, limitations and conditions of this Agreement, Provider guarantees to Customer that, during the first 10 years of the Term, the System shall provide at least 20,527kWh 64,958kWh in the aggregate (“LEED Guarantee”), on an annual basis and calculated on the first anniversary of the Commercial Operation Date of the System and each anniversary thereafter. If the System’s output drops below the LEED Guarantee for any given year of the term (the kWh output is below the LEED Guarantee, the “LEED Guarantee Shortage”), Provider’s sole liability to Customer in respect of such LEED Guarantee Shortage shall be the payment of an amount not to exceed the then- present value (discounted at the prevailing prime rate of interest as published in The Wall Street Journal on the day preceding the date of determination) of the cash flows equal to the product of (a) the LEED Guarantee Shortage and (b) the sum of (i) the positive difference, if any, of the price per kWh for commercially available, utility-provided energy in the applicable market(s) (which shall not include related charges such as delivery, service, distribution, or taxes) minus the kWh Rate of Energy hereunder (as such kWh Rate would have been escalated over time pursuant to the terms hereof) hereof, plus (ii) the then-current per kWh value of the Environmental Attributes from a materially similar project in Southern California, provided that in no event shall the sum of (i) and (ii) exceed $0.30/kWh.