Contract Quantity and Guaranteed Energy Production. The quantity of Bundled Green Energy that Seller expects to be able to deliver to Buyer during each Contract Year is [_____] MWh [For solar facilities, insert: to be degraded each Contract Year by [insert manufacturer’s degradation factor] (“Contract Quantity”). [For all facilities other than hydro facilities, insert: Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in any [For baseload facilities insert: “twelve (12)”] [For all facilities other than baseload facilities insert: “twenty-four (24)”] consecutive calendar month period during the Delivery Term (“Performance Measurement Period”). “Guaranteed Energy Production” means an amount of Bundled Green Energy, as measured in MWh, equal to [For wind facilities, insert “one hundred and forty percent (140%)”, [for solar facilities, insert “one hundred and sixty percent (160%)”] [for baseload facilities, insert “ninety percent (90%)”] of the weighted average of the Contract Quantity for such Performance Measurement Period. 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. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer the Bundled Green Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of any Force Majeure events, Xxxxx’s failure to perform, or Dispatch Down Periods.
Contract Quantity and Guaranteed Energy Production. [Dispatchable Offers should delete the bracketed language in this heading]
Contract Quantity and Guaranteed Energy Production. The quantity of Delivered Energy to be delivered by Seller during each Contract Year is expected to be at least [_____] MWh net of all Electrical Losses (“Contract Quantity”). Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in any period of twenty-four (24) consecutive months during the Delivery Term (“Performance Measurement Period”). If Seller delivers less than the Guaranteed Energy Production in any Performance Measurement Period, then within 120 days after the last day of the last month of such Performance Measurement Period, Buyer shall notify Seller of such failure and Buyer may, at its option, declare an Event of Default. If during such 120 day period, Buyer opts not to declare an Event of Default with respect to Seller’s failure to meet the Guaranteed Energy Production requirement, then Buyer shall waive its right to declare an Event of Default based on Seller’s failure with respect to the Performance Measurement Period which served as the basis for the default. For sake of certainty, in the event that Buyer waives its right to declare an Event of Default with respect to the Performance Measurement Period which served as the basis for such default, Buyer shall again have the right to declare an Event of Default, subject to the conditions set forth in this subpart (e), if as of the last day of the month following such Performance Measurement Period or any subsequent month, Seller again fails to achieve the Guaranteed Energy Production requirement for such subsequent Performance Measurement Period.
Contract Quantity and Guaranteed Energy Production. The quantity of Delivered Energy that Seller expects to be able to deliver to Buyer during each Contract Year is [_____] MWh (“Contract Quantity”). Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in any [twelve (12)] [twenty-four (24)] consecutive calendar month period during the Delivery Term (“Performance Measurement Period”). “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to [two times] [________]% of the 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. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of any Force Majeure events, Buyer’s failure to perform, or Dispatch Down Periods.]
Contract Quantity and Guaranteed Energy Production. Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Net Energy for each year of the Term as set forth in Attachment C(the "Contract Quantity"); provided that the Contract Quantity for Net Energy shall be reduced on an equitable basis due to any of the following: (a) Interconnecting Utility outages (unless caused by Seller's action or inaction), (b) Buyer's inability to accept Net Energy (including Curtailed Energy as described in Section 5.1(1)), unless caused by Seller's action or inaction,
Contract Quantity and Guaranteed Energy Production. The Contract Quantity during each Contract Year is expected to be at least 284,000 MWh. Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in any period of twenty-four (24) consecutive months during the Delivery Term (“Performance Measurement Period”). If Seller adjusts the Contract Capacity pursuant to
Contract Quantity and Guaranteed Energy Production. The quantity of Delivered Energy that Seller expects to be able to deliver to Buyer during each Contract Year is described in Exhibit H (“Contract
Contract Quantity and Guaranteed Energy Production. (i) The Contract Quantity during each Contract Year of the Project Delivery Term is set forth in Schedule 3.1(e) hereto which Seller shall amend as of the Partial Commercial Operation Date to reflect the then current Contract Quantity to the extent the then current Contract Quantity differs from the Contract Quantity set forth in Schedule 3.1(e) solely due to a change in construction schedule for the Project as set forth in Appendix III, and Seller
Contract Quantity and Guaranteed Energy Production. Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Net Energy for each year of the Term as set forth in Attachment C (the "Contract Quantity"); provided that, for purposes of calculating a Shortfall, the Contract Quantity for Net Energy shall be reduced on an equitable basis due to any of the following:
Contract Quantity and Guaranteed Energy Production. (i) The quantity of Delivered Energy that Seller expects to be able to deliver to Buyer during each Contract Year is 26,940 MWh/year (“Contract Quantity”). Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in any rolling twenty-four
