Common use of RA Deficiency Determination Clause in Contracts

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

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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

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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

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