Common use of Storage Round Trip Efficiency Clause in Contracts

Storage Round Trip Efficiency. During the Term, the Storage Facility shall maintain a Storage Round Trip Efficiency during each Contract Year of no less than the Guaranteed Storage Round Trip Efficiency (the “Storage Round Trip Efficiency Guarantee”). If Seller fails to satisfy the Storage Round Trip Efficiency Guarantee in accordance with the requirements set forth in Exhibit V, then Seller shall be liable to PacifiCorp for the Storage Round Trip Efficiency Damages calculated and paid in accordance with Exhibit V. The invoice for such Storage Round Trip Efficiency Damages shall include a written statement explaining in reasonable detail the calculation of such Storage Round Trip Efficiency Damages in accordance with Exhibit V. Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s failure to satisfy the Storage Round Trip Efficiency Guarantee are difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore, (c) Storage Round Trip Efficiency Damages as agreed to by the Parties are a fair and reasonable calculation of damages and not a penalty. Except in the case of an Event of Default pursuant to Section 11.1.2(l), Storage Round Trip Efficiency Damages shall be PacifiCorp’s sole remedy for Seller’s failure to satisfy the Storage Round Trip Efficiency Guarantee in accordance with the requirements set forth in Exhibit V.

Storage Round Trip Efficiency. During the Term, the Storage Facility shall must maintain a Storage Round Trip Efficiency during each Contract Year of no less than the Guaranteed Storage Round Trip Efficiency (the “Storage Round Trip Efficiency Guarantee”)Guarantee applicable to such Contract Year. If Seller fails to satisfy the Storage Round Trip Efficiency Guarantee in accordance with the requirements set forth in Exhibit V, then Seller shall will be liable to PacifiCorp for the Storage Round Trip Efficiency Damages calculated and paid in accordance with Exhibit V. The invoice for such Storage Round Trip Efficiency Damages shall will include a written statement explaining in reasonable detail the calculation of such Storage Round Trip Efficiency Damages in accordance with Exhibit V. Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s failure to satisfy the Storage Round Trip Efficiency Guarantee are difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore, (c) Storage Round Trip Efficiency Damages as agreed to by the Parties are a fair and reasonable calculation of damages and not a penalty. Except in the case of an Event of Default pursuant to Section 11.1.2(l), Storage Round Trip Efficiency Damages shall will be PacifiCorp’s sole remedy for Seller’s failure to satisfy the Storage Round Trip Efficiency Guarantee in accordance with the requirements set forth in Exhibit V.