Guaranteed Capacity definition
Examples of Guaranteed Capacity in a sentence
In the event that the Installed Capacity is still less than the Guaranteed Capacity as of such date, Seller shall pay “Capacity Damages” to Buyer, in an amount equal to Buyer’s Fraction multiplied by Two Hundred Fifty Thousand Dollars ($250,000) for each MW that the Guaranteed Capacity exceeds the Installed Capacity, and the Guaranteed Capacity and other applicable portions of the Agreement shall be adjusted accordingly.
In connection with this Term Sheet, Respondent shall execute that certain Exclusivity Agreement (“Exclusivity Agreement”) with Buyer and provide an Exclusivity and Bid Deposit (as defined in such agreement) of $3,000 per MW of proposed Guaranteed Capacity to Buyer(s) within seven (7) Business Days after execution of the Exclusivity Agreement.
If, at Commercial Operation, the Installed Capacity is less than one hundred percent (100%) of Guaranteed Capacity, Seller shall have one hundred twenty (120) days after the Commercial Operation Date to install additional capacity such that the Installed Capacity is equal to (but not greater than) the Guaranteed Capacity, and Seller shall provide to Buyer a new certificate substantially in the form attached as Exhibit I hereto specifying the new Installed Capacity.