SYSTEM PERFORMANCE AND OPERATION Sample Clauses

SYSTEM PERFORMANCE AND OPERATION. 16.1 The actual output from the System will vary based on climatic, weather, and other Site-specific conditions. Owner acknowledges that the actual performance of System will be dependent on local weather conditions and variations in insolation levels and other Site-specific conditions. Notwithstanding, this Section 16.1, Developer will pay Capacity Liquidated Damages (Solar System) and Capability Liquidated Damages (▇▇▇▇) in respect of any shortfall in, respectively, Guaranteed Solar System Capacity and Guaranteed ▇▇▇▇ Capabilities, in accordance with Section 16.2 16.2 Developer may declare that it has achieved Substantial Completion if, with respect to both the Solar System and the ▇▇▇▇: 16.2.1 The Solar System achieves less than the Planned Nameplate Capacity in the Capacity Test, but in no case less than ninety-five percent (95%) of the Planned Nameplate Capacity (such ninety-five percent (95%) capacity, the “Guaranteed Solar System Capacity”), by paying Buyer the Capacity Liquidated Damages (Solar System). In the event that the Solar System’s actual capacity achieved in the Capacity Test is less than the Guaranteed Solar System Capacity, then Developer shall not be entitled to declare Substantial Completion and Developer shall, at Developer’s sole cost and expense, promptly rectify any such deficiencies so that the capacity of the Solar System achieved in the Capacity Test at least meets or exceeds the Guaranteed Solar System Capacity (and to the extent, after such repairs, the capacity of the Solar System achieved in a subsequent Capacity Test is less than the Planned Nameplate Capacity but greater than the Guaranteed Solar System Capacity, pay Owner the Capacity Liquidated Damages (Solar). As used herein, the “Capacity Liquidated Damages (Solar)” shall be product of (i) the difference between 97% of the Planned Nameplate Capacity of the System and the actual Solar System capacity achieved in the Capacity Test (but in no case less than 95% of the Planned Nameplate Capacity) and (ii) an amount equal to the Contract Sum, divided by the Planned Nameplate Capacity as expressed in kWac, , and 16.2.2 The ▇▇▇▇ achieves less than [ ] in the Capacity Test, but in no case less than [ ], the “Guaranteed ▇▇▇▇ Capabilities”), by paying Buyer the Capacity Liquidated Damages. In the event that the ▇▇▇▇’▇ actual capabilities achieved in the Capacity Test are less than the Guaranteed ▇▇▇▇ Capabilities, then Developer shall not be entitled to declare Substantial Compl...