Examples of Deemed in a sentence
Buyer shall have the right to order Seller to curtail deliveries of Generating Facility Energy, provided that Buyer shall pay Seller for all Deemed Delivered Energy associated with such Buyer-directed curtailments in excess of the Curtailment Cap at the Renewable Rate, subject to the Annual Excess Energy provisions.
In addition, if the Parties have agreed that Seller is entitled to the PTC Amount, and the PTC is applicable to the Facility, during the period (not to exceed a total of one hundred twenty (120) consecutive months) in which Seller is receiving PTCs, Buyer shall also pay the PTC Amount for Deemed Delivered Energy until the sum of Delivered Energy plus the amount of Deemed Delivered Energy exceeds one hundred percent (100%) of the Expected Energy for such Contract Year.
For purposes of determining whether Seller has achieved the Guaranteed Energy Production, in addition to the Generating Facility Energy for the applicable Performance Measurement Period, Seller shall be deemed to have delivered to Buyer (a) any Deemed Delivered Energy and (b) Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of Force Majeure Events and Curtailment Periods (the “Adjusted Energy Production”).
Notwithstanding the foregoing, if, at any point in any Contract Year, the amount of Facility Energy plus the amount of Deemed Delivered Energy exceeds one hundred fifteen percent (115%) of the Expected Energy for such Contract Year, the price to be paid for such additional Facility Energy amounts (but not Deemed Delivered Energy, for which no additional compensation shall be paid) shall be fifty percent (50%) of the Renewable Rate.
For each VOD Customer Transaction during each calendar month, Licensee shall pay to Licensor a royalty equal to the product of (i) VOD Licensor’s Share and (ii) the greater of (y) the VOD Actual Retail Price or (z) the VOD Deemed Retail Price (each, a “Royalty”).