RA Deficiency Determination. For each RA Shortfall Month, Seller shall pay to Buyer as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or provide Replacement RA, as set forth in Section 3.7(g), in each case, as the sole remedy for Capacity Attributes that Seller fails to convey to the Project Participants from the Facility.
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
RA Deficiency Determination. For each RA Shortfall Month, Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or or provide Replacement RA, as set forth in Section 3.7(g), in each case, as the sole remedy for the Capacity Attributes that Seller fails failed to convey to the Project Participants from the FacilityBuyer.
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
RA Deficiency Determination. For each RA Shortfall Month, Month Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or provide Replacement RA, as set forth in Section 3.7(g3.8(b), in each case, as the sole remedy for the Capacity Attributes that Seller fails failed to convey to the Project Participants from the FacilityBuyer.
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
RA Deficiency Determination. For Notwithstanding Seller's obligations set forth in Section 4.3 or anything to the contrary herein, for each RA Shortfall Month, Month Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or provide Replacement RA, as set forth in Section 3.7(g3.9(b), in each case, as the sole remedy for the Capacity Attributes that Seller fails failed to convey to the Project Participants from the FacilityBuyer.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
RA Deficiency Determination. For each RA Shortfall Month, Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or or provide Replacement RA, as set forth in Section 3.7(g), in each case, as the sole and exclusive remedy for the Capacity Attributes that Seller fails failed to convey to the Project Participants from the FacilityBuyer.
Appears in 1 contract
Samples: Storage Service Agreement
RA Deficiency Determination. For each RA Shortfall Month, Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or provide Replacement RA, as set forth in Section 3.7(g3.5(b), in each case, as the sole and exclusive remedy for the Capacity Attributes that Seller fails failed to convey to the Project Participants from the FacilityBuyer.
Appears in 1 contract
Samples: Energy Storage Agreement
RA Deficiency Determination. For each RA Shortfall Month, Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or or provide Replacement RA, as set forth in Section 3.7(g), in each case, as the sole and exclusive remedy for the Generating Facility Capacity Attributes that Seller fails failed to convey to the Project Participants from the FacilityBuyer.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
RA Deficiency Determination. For Notwithstanding Seller’s obligations set forth in Section 4.3 or anything to the contrary herein, forFor each RA Shortfall Month, Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or provide Replacement RA, as set forth in Section 3.7(g3.9(b), in each case, as the sole remedy for the Capacity Attributes that Seller fails failed to convey to the Project Participants from the FacilityBuyer.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
RA Deficiency Determination. For each RA Shortfall Month, Month Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or provide Replacement RA, as set forth in Section 3.7(g3.8(b), in each case, as the sole remedy for the Capacity Attributes that Seller fails failed to convey to Buyer. shall pay to B RA Deficiency Amount Calculation. For each RA Shortfall Month, Seller uyer an amount (the Project Participants from the Facility.“RA Deficiency Amount”) equal to
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
RA Deficiency Determination. For Notwithstanding Seller’s obligations set forth in Section 4.3 or anything to the contrary herein but subject to Section 3.13, the Parties acknowledge and agree that for each RA Shortfall Month, Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or or provide Replacement RA, as set forth in Section 3.7(g), in each case, as the sole remedy for the Capacity Attributes that Seller fails failed to convey to the Project Participants from the FacilityBuyer for such RA Shortfall Month.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
RA Deficiency Determination. For each RA Shortfall Month, Month Seller shall pay to Buyer the RA Deficiency Amount as liquidated damages the RA Deficiency Amount, as set forth in Section 3.8(b), and/or provide Replacement RA, as set forth in Section 3.7(g3.5(b), in each case, as the sole remedy for the Capacity Attributes that Seller fails failed to convey to the Project Participants from the FacilityBuyer.
Appears in 1 contract
Samples: Energy Storage Agreement