Shortfall Charge definition

Shortfall Charge has the meaning set forth in Section 2.3.1.2 hereof.

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Shortfall Charge means the per unit charge for each MMBtu not delivered up to the Minimum Monthly Quantity and is comprised of the DTI Demand Charge plus the Baseload Marketing Fee.

Shortfall Charge means the proportion of: (a) any unit shortfall charge (as defined under the Clean Energy Scheme) that is imposed on the Seller or a Related Corporation under the Clean Energy Scheme; or

Examples of Shortfall Charge in a sentence

If the MARC/MRC-Eligible Charges of either of TA or FVE fall below their respective Pro-Rata Percentage (as adjusted) at any time, TA or FVE, as the case may be, will be solely responsible for the Shortfall Charge attributable thereto and will reimburse RMR an amount equal to Shortfall Charge attributable thereto, promptly on demand.
If CUSTOMER fails to meet any Minimum Revenue Commitment in a Commitment Period, then CUSTOMER will pay a Shortfall Charge equal to the difference between the Minimum Revenue Commitment and the amount of Eligible Charges for that Minimum Revenue Commitment incurred during the Commitment Period.
For the avoidance of doubt, under no circumstances will the Adjustment Charge or Shortfall Charge be payable by us to you.
Seller’s payment of the Production Shortfall Charge shall be Buyer’s sole and exclusive remedy for Seller’s failure to cause the Solar Energy Facility to produce the Guaranteed Electric Output in each applicable Guaranteed Period.
Payment of the Shortfall Charge will be made in the ordinary course (and may be set off against amounts payable by BP to RE Gas in respect of Gas sold and delivered hereunder).
We will not vary the Energy Rates and/or Environmental Rates under clause 13.4(b) where we charge you a Shortfall Charge.
If a MARC/MRC for any year of the Attachment Term (or any shorter period) is not satisfied, RMR will be billed a Shortfall Charge by AT&T equal to the difference between the applicable MARC/MRC and the total of the actual MARC/MRC-Eligible Charges for such year or period.
If at the end of each Annual Period, Jato's Actual Usage as measured during such Annual Period of the Qwest Services is less than the Annual Total minimum set forth in Table 4.1, Jato will be liable for a shortfall charge equal to the difference between the Annual Total minimum and Jato's aggregate, Actual Usage (as defined herein) invoiced under the Qwest Agreements (the "Annual Shortfall Charge").
In the event that Teleglobe fails to meet the foregoing Volume Commitment, ▇▇▇▇ Canada shall apply, as liquidated damages and not as a penalty, a rate of *** (CA$) per minute, against the total of Conversation Minutes equal to the Volume Commitment less the actual Conversation Minutes of *** Switched Minute Terminations terminated by ▇▇▇▇ Canada during the Term of this Second Amendment ("Shortfall Charge").
Qwest shall, within a reasonable period of time after the conclusion of the Annual Period and upon thirty (30) calendar days written notice to Jato, reduce the Prepayment Amount by an amount equal to the Annual Shortfall Charge, or alternatively if the remaining Prepayment Amount is insufficient to cover the full amount of the Annual Shortfall Charge, invoice Jato for the Annual Shortfall Charge.

More Definitions of Shortfall Charge

Shortfall Charge. , means the charge incurred by the City for failure to meet the City’s Minimum Annual

Shortfall Charge means for Schedule 1 Sites or Schedule 2 Sites (as applicable) for a Jurisdiction, the greater of zero and the amount calculated using the below formula:

Shortfall Charge. The Shortfall Charge for any month will be calculated by subtracting one third (1/3rd) of the sum of all invoices billed to Buyer by Seller for Products shipped during the applicable month and the two months preceding the applicable month (each such rolling three (3) month period is referred to as a "Measurement Period"), from $900,000, then multiplying that figure by the Applicable Percentage from the following table: Last Month of Measurement Period Applicable Percentage -------------------------------- --------------------- 11/2002 through 1/2003 5% 2/2003 through 4/2003 5% 5/2003 through 7/2003 10% 8/2003 through 10/2003 15% 11/2003 through 1/2004 20% 2/2004 and thereafter 25% For example, if in 2/2003, the sum of the total invoices for Products shipped is $800,000.00, and the total for the first preceding month was $750,000.00 and the second preceding month was $850,000.00, then Buyer shall pay to Seller a Shortfall Charge of $5,000.00 for that Measurement Period (1/3rd of three month total ($2,400,000/3 = $800,000) deducted from $900,000 = $100,000 x 5% = $5,000). The Seller shall invoice Buyer and provide sufficient detail on how the Shortfall Charge is calculated. Payment of any Shortfall Charge is due net sixty (60) days after the invoice date. Notwithstanding the provisions above, (i) no Shortfall Charge shall be due and payable for any month in which on-time delivery (as defined below) falls below 90%; (ii) the amount on which the Shortfall Charge is calculated shall be reduced (but not below zero) by the dollar amount of all units during the month that are not delivered on time. For purposes of this Agreement, "on-time delivery" shall be measured on a monthly basis and shall be calculated as the number of units delivered on schedule during the month over the number of units delivered or scheduled to be delivered during the same month.

Shortfall Charge. The "SHORTFALL Charge" will be calculated by subtracting the sum of all invoices billed to Buyer by Seller for Products shipped during any applicable month from One Million Dollars ($1,000,000.00), then multiplying that figure by 25%. For example, if in one month, the sum of the total invoices for Products shipped is $900,000.00, then Buyer shall pay to Seller a Shortfall Charge of $25,000.00. The Seller shall invoice Buyer and provide sufficient detail on how the Shortfall Charge is calculated. Payment is due net thirty (30) days after the invoice date. Should buyer fail to make payment within thirty (30) days after the invoice date, Seller may, at its sole option, (i) cease shipments to the Buyer or other destinations designated by Buyer, and/or (ii) make partial or all future shipments on a C.O.D. basis until such delinquency has been paid. Interest at the rate of one percent (1.0%) per month shall accrue and be charged on all late payments. Non-payment of a monthly Shortfall Charge constitutes a material breach under Paragraph 8.2(a) and Paragraph 8.2(b) and all rights and remedies of the Seller to enforce the continued Minimum Volume Requirement remain in effect for the life of the Agreement.

Shortfall Charge means the charge incurred by the City for failure to meet the City’s Minimum Annual 380 Delivery Requirement (i.e., if the actual tonnage delivered and paid for is less than the committed tons).

Shortfall Charge shall be an amount equal to the difference between the Minimum Minute Commitment [___*___] and Customer's actual minutes of use of DIPT Service for the month multiplied by the Average Per-Minute Rate. The "Average Per-Minute Rate" ("APMR") equals the average rate per minute charged to Customer by XO for DIPT Service during the ninety (90) day period preceding the date of the Shortfall Charge calculation. [For example, Customer's minutes of usages during a month after the Ramp Period equals [___*___]. Shortfall minutes equal [___*___] (MMC less [___*___]). The Shortfall Charge would equal the [___*___] minutes multiplied by the AMPR. Assuming the APMR for the 90 days preceding the date of calculation of the Shortfall Charge is $0.0116, the Shortfall Charge would equal [___*___] In the event of a default or termination under Section J of the XO Terms, and in lieu of the early termination charges set forth in the XO Terms, Customer agrees, as liquidated damages, to pay an early termination charge equal to the MMC for the remaining Term of the Agreement (MMC multiplied by the number of months remaining in the Term) multiplied by the APMR (based on the 90 day average immediately preceding the date of termination).