Capacity Shortfall definition
Examples of Capacity Shortfall in a sentence
To avoid doubt, a cancellation or a reduction of Path Usages made available to the Access Holder as a result of a Capacity Shortfall under clause 6 will not constitute a cancellation under this clause 11.6.
By the tenth (10th) day following the end of the calendar month in which Delay Damages or Capacity Shortfall Damages begin to accrue, as applicable, and continuing on the tenth (10th) day of each calendar month during the period in which Delay Damages accrue (and the following months, if applicable), PGE shall deliver to Seller an invoice showing PGE’s computation of such damages and any amount due PGE in respect thereof for the preceding calendar month.
In the event Seller elects to commence Commercial Operation with a Facility size of less than Generating Facility Nameplate Capacity pursuant to Section 3.1.21, the Specified Amounts in Exhibit C shall be updated to reflect the values corresponding with the Generating Facility Nameplate Capacity measured as of the Capacity Shortfall Date, provided to PGE in writing, within ten (10) Business Days after the Capacity Shortfall Date.
Contractor agrees that if based on the Final Test Results of the Facility Capacity calculation performed in accordance with Exhibit 14C, the Facility shall have failed to achieve the Guaranteed Capacity, Contractor shall pay to Owner upon Substantial Completion an amount equal to the Contract Price multiplied by a fraction, the numerator of which is the Capacity Shortfall and the denominator of which is the Guaranteed Capacity (the “Final Capacity Liquidated Damages”).
In the event Seller elects to commence Commercial Operation with a Facility size of less than Nameplate Capacity pursuant to Section 3.1.17, the Specified Amounts in Exhibit C shall be updated to reflect the values corresponding with the Nameplate Capacity measured as of the Capacity Shortfall Date, provided to PGE in writing, within ten (10) Business Days after the Capacity Shortfall Date.