Examples of Minimum Production Threshold in a sentence
Except as otherwise expressly stated in Section 12 of the General Terms and Conditions, the Shortfall Payment shall be Customer’s sole and exclusive remedy for Seller’s failure to produce the Minimum Production Threshold during the Guarantee Term.
During the Guarantee Term, Seller guarantees that the Adjusted Energy Production Amount for each Guarantee Period shall be no less than the Minimum Production Threshold for such Guarantee Period set forth in Table 1 of this Exhibit B.
If, for any Calculation Period, the Calculation Period Deemed Delivered Energy Production is less than the Two (2) Year Minimum Production Threshold (any such shortfall, in MWh, a “Shortfall”), then Seller may cure such Shortfall by paying or crediting Buyer liquidated damages based on the amount of such Shortfall in an amount equal to (i) the amount of such Shortfall multiplied by(ii) the per MWh Price in this Agreement multiplied by (iii) a factor of 1.2 (“Performance LDs”).
If the Adjusted Energy Production Amount is less than the Minimum Production Threshold (any such shortfall, measured in kWh, a “Shortfall”), then Seller may cure such Shortfall by paying or crediting Customer liquidated damages in the amount of the Shortfall Payment.
The Parties agree that actual damages to Customer as the result of Seller’s failure to produce the Minimum Production Threshold would be difficult to ascertain, and the Shortfall Payment is a reasonable approximation of the damages suffered by Customer as a result of Shortfall during the Guarantee Term.
Except as otherwise expressly stated in this Section 4.6(b), the Performance LDs shall be Buyer’s sole monetary remedy for any Shortfall or failure to produce the Output or failure to maintain any specified Two Year Minimum Production Threshold (subject to Buyer’s right to operate in Section 4.6(c)).
Except as otherwise expressly stated in Sections 6.4 and 7.6, the foregoing shall be Buyer’s sole remedy for any Shortfall or failure to produce the Output or failure to maintain any specified Two Year Minimum Production Threshold.
Except as otherwise expressly stated in the Agreement, the Shortfall Payment shall be District’s sole and exclusive remedy for Provider’s failure to produce the Minimum Production Threshold during the Guarantee Term.
Provided however that if an applicant is in Good Financial Standing because there is a Repayment Agreement in place that relates to damage to a WMFN Residential Unit, the amount owing must be repaid in full to WMFN before the applicant will be eligible.
During the Guarantee Term, Provider guarantees that the Adjusted Energy Production Amount for each Guarantee Period shall be no less than the Minimum Production Threshold for such Guarantee Period set forth in Table 1 of this Exhibit F.