Examples of Guaranteed Energy Production in a sentence
For Seller selling Baseload Product, Seller shall be excused from achieving the Guaranteed Energy Production and the Capacity Factor only for the applicable time period during Seller Excuse Hours.
For Seller selling As-Available Product, Seller shall be excused from achieving the Guaranteed Energy Production only for the applicable time period during Seller Excuse Hours.
Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in each Contract Year during the Delivery Term for Baseload Product, or over two (2) consecutive Contract Years during the Delivery Term for As- Available Product (“Performance Measurement Period”).
If Seller pays GEP Damages for the Contract Years in the applicable Performance Measurement Period, then for purposes of calculating the Guaranteed Energy Production in the following Performance Measurement Period, the amount of Delivered Energy for such Contract Year(s) shall thereafter be equal to the greater of the actual Delivered Energy for the Contract Year or eighty percent (80%) of Contract Quantity.
Notwithstanding the excuses to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a)), Seller shall be excused from achieving the Guaranteed Energy Production during any Performance Measurement Period only to the extent of any Force Majeure events, Buyer’s failure to perform, or Dispatch Down Periods.