Output Guarantee definition

Output Guarantee is defined in Section 6.12.1. "Output Shortfall" is defined in Section 6.12.2.

Output Guarantee has the meaning specified in Section 6.5(a).

Output Guarantee for any Rolling Period means the sum of (a) 90% of the Expected Net Output of the Facility for such Rolling Period, less (b) any quantities of Output that were not delivered to the Point of Delivery (or accepted by PacifiCorp) in such Rolling Period during periods constituting Seller Uncontrollable Minutes. The Output Guaranty shall not be calculated until the completion of the first Rolling Period after Commercial Operation. If the quantity of Net Output delivered by the Facility during any Rolling Period is less than the Output Guarantee for such Rolling Period, the resulting shortfall will be expressed in MWh as the “Output Shortfall,” in accordance with the following formula: Output Shortfall = Output Guarantee minus Net Output Liquidated Damages for Output Shortfall. If the product of the Output Shortfall calculation provided above is a positive number, Seller must pay PacifiCorp liquidated damages equal to the product of (a) the Output Shortfall for that Rolling Period, multiplied by (b) PacifiCorp’s Cost to Cover for such Rolling Period. If the product of the Output Shortfall calculation provided above is a negative number, Seller will not be obligated to pay PacifiCorp liquidated damages for such Rolling Period. Each Party agrees and acknowledges that (i) the damages that PacifiCorp would incur due to the Facility’s failure to achieve the Output Guarantee would be difficult or impossible to predict with certainty and (ii) the liquidated damages contemplated by this provision are a fair and reasonable calculation of such damages. Invoicing for Output Shortfall. On the thirtieth (30th) day following the end of each Rolling Period, PacifiCorp will deliver to Seller an invoice showing PacifiCorp’s computation of Net Output and Output Shortfall, if any, for the prior Rolling Period and any amount due to PacifiCorp for liquidated damages calculated pursuant to this Exhibit F. In preparing such invoices, PacifiCorp will utilize the meter data provided to PacifiCorp for the applicable Rolling Period, provided that if the meter data for any portion of such Rolling Period is then incomplete or otherwise not available, PacifiCorp may also rely on historical averages and other information as may be available to PacifiCorp at the time of invoice preparation. To the extent required, PacifiCorp will true up any such invoice as promptly as practicable following its receipt of actual results for the relevant Rolling Period. Within thirty (30) days after receiving t...

Examples of Output Guarantee in a sentence

• Seller is obligated to deliver a quantity of Net Output during each Rolling Period which is equal to the Output Guarantee.

• In the case of the Seller failing to achieve the Output Guarantee in the prior Rolling Period, Seller shall also provide a report (and supporting data) to PacifiCorp detailing the Output Shortfall for the first Contract Year occurring during such Rolling Period.

• On the thirtieth day following the end of each Rolling Period, Seller shall deliver to PacifiCorp a report (and supporting data) detailing whether Seller achieved the Output Guarantee for the most recently completed Rolling Period.

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• The Output Guarantee in any Billing Year shall be reduced by the amount (in kWh), as reasonably estimated by the Parties, of Electricity that Seller was unable to produce and sell to Purchaser as a result of (i) a Force Majeure Event, (ii) a curtailment by Purchaser in excess of the Outage Allowance, or (iii) other actions of Purchaser.

• Climate ChangeAllowance was made for the effect of climate change in the studies by:- increasing the future water requirements for both urban and agricultural users because of the expected increased temperatures, and- reducing the yield of available water resources due to the effect of climate change.

• Execution of the activities carried out in that period will be evaluated, and plans for the following six-month period will be included.

• On the thirtieth (30th) day following the end of each Rolling Period, Seller shall deliver to PacifiCorp a report (and supporting data) detailing whether Seller achieved the Output Guarantee for the most recently completed Rolling Period.

• If, in any Billing Year, Seller fails to meet the Output Guarantee, Seller shall pay to Purchaser, as liquidated damages, an amount (the “Shortfall Damages”) equal to the product of (i) the amount (in kWh) by which the Output Guarantee for the Billing Year exceeds the actual Output to Purchaser during such Billing Year times (b) the Contract Rate ($/kWh) for the applicable Billing Year.

• Each Party agrees and acknowledges that (i) the damages that PacifiCorp would incur due to the Facility's failure to achieve the Output Guarantee would be difficult or impossible to predict with certainty and (ii) the liquidated damages contemplated by this provision are a fair and reasonable calculation of such damages.

More Definitions of Output Guarantee

Output Guarantee has the meaning set forth in Section 4(G) and Exhibit F.

Output Guarantee for any Rolling Period means the sum of (i) 90% of the Expected Energy of the Facility for such Rolling Period, less (ii) any quantities of Output that were not delivered to the Point of Delivery (or accepted by PacifiCorp) in such Rolling Period during periods constituting Seller Uncontrollable Minutes (such quantity calculated on the basis of the Net Output capable of being delivered in an hour at an average rate equivalent to the actual Nameplate Capacity Rating). For purposes of this Agreement, “Rolling Period” means any two consecutive Contract Years occurring during the Term.

Output Guarantee is defined in Section 6.12.1.

Output Guarantee. The Seller guarantees that Delivered Energy amounts during the Delivery Term shall meet or exceed the Guaranteed Output Threshold for each Performance Measurement Period. The “Guaranteed Output Threshold” shall be equal to the following listed percentages of the Annual Expected Output, based on technology type: • Solar: 170% • Wind: 150% • Geothermal: 90% • Small Hydro: 170% The “Performance Measurement Period” shall be each two year rolling period, commencing on the Contract Start Date. After each Performance Measurement Period, Seller shall calculate its performance for the Output Guarantee and provide sufficient detail to Buyer. For purposes of calculating the energy deliveries for the Output Guarantee, Seller shall add Delivered Energy and energy that was not delivered during Excused Hours. “Excused Hours” means hours where the Facility was not available due to Force Majeure, transmission provider’s (e.g., the CAISO’s), transmission owner’s, or Buyer’s failure to perform.

Output Guarantee shall have the meaning assigned to such term in Section 2.13.

Output Guarantee for any Contract Year means ninety percent (90%) of the Expected Net Output of the Facility for such Contract Year, which shall be adjusted for Seller Uncontrollable Minutes.