Annual Shortfall as defined in Section 4(a)(iii) of the Guaranty of Wireless Revenue.
Annual Shortfall means the positive quantity in MMBTUs resulting after applying the following formula: Annual Shortfall = Maximum LNG Reception Amount for Contract Year - Available LNG for the Contract Year
Annual Shortfall. Means a non-negative amount of electric energy for a calendar year operation calculated in the following manner: Guaranteed Percentage times Estimated Annual Energy Output less the actual annual generation output and the Excused Quantity Annual Shortfall Liquidated Damages: The Seller shall, on an annual basis on the January invoice following the end of each calendar year, pay to Buyer as liquidated damages $34/MWh for Annual Shortfall. Site Access & Easement Agreement Seller will lease property from Buyer for $1 per year for a term consistent with developing and decommissioning the Project. The term of the lease shall cover the term of the PPA, any extensions of the PPA, and additional time necessary for facility construction and decommissioning. Seller shall assume all maintenance, insurance, and improvement removal costs, as set forth in the Landowner Lease & Easement Agreement. Additionally, Seller shall indemnify and hold Buyer harmless from any and all and liability resulting from Seller’s construction, operation, and maintenance of the System, except that solely caused by Buyer’s negligence or any breach of the Landowner Lease & Easement Agreements. Landowner Lease & Easement Agreements: Any site control agreements entered into by the Buyer must meet the terms of the PPA and shall not require Seller to incur any costs except those incurred through the Site Access Agreement between Buyer and Seller. Each site will need to meet RUS requirements for financing. The term of such agreements must be for a minimum of 30 years. Nameplate Capacity Tax Seller shall be responsible for remitting the annual Nameplate Capacity Tax to each county on an annual basis. Delay Damages: $240/MW-day penalty Seller Security: Seller proposes to utilize a Cash Proposal or Letter of Credit applicable for use by each PPDs per the number of MWs installed for that PPD to be held in a replenishable escrow account. Development Security: $50,000 per MW AC Performance Security: $30,000 per MW AC To secure its obligations, Seller shall deliver the Development Security to an agreed escrow agent within thirty (30) days of the [Effective Date]. Development Security shall be in the form of cash. To secure its obligations, Seller shall deliver Performance Security to an agreed escrow agent on or before the Commercial Operation Date. Any funds withdrawn from the escrow agent for Delay Damages or Annual Shortfall Liquidated Damages will be replenished by Seller. Test Power: Prior to the Com...
Examples of Annual Shortfall in a sentence
The Annual Shortfall, if any, will be disclosed by Patheon on the reconciliation report form.
On or about the 5th Business Day of each Month, a consolidated invoice will be issued to Buyer for all Styrene sold during the preceding Month, as well as other amounts due and owing, including any outstanding Monthly Shortfall Payment and (each January following a Contract Year) any Annual Shortfall Payment owing for the Contract Year in question.
A sample calculation of an Annual Shortfall Amount is included in Exhibit B.
Distributor agrees that if for any Contract Year during the Term, there is an Annual Shortfall Amount, then Distributor shall pay to VMSC an Annual Damage Payment for that Contract Year, in immediately available funds, within 60 days after the Contract Year ends.
In the event that the cumulative amount of any Monthly Shortfall Payments made by Buyer for the Contract Year in question cause the Annual Shortfall Payment to be a negative number (after netting), then Seller shall reimburse the amount to Buyer.
More Definitions of Annual Shortfall
Annual Shortfall. The invoice for the Annual Shortfall shall be issued no later than [***] of the following Calendar Year and such invoice shall be paid in full within [***] by ACHAOGEN.
Annual Shortfall has the meaning given in Section 5.4.2.
Annual Shortfall shall refer to that portion of the Minimum Supply Requirement that Dal-Tile has not ordered or paid for in a specified Annual Period.
Annual Shortfall shall have the meaning given in Section 9.4.
Annual Shortfall means the difference between (i) the Minimum Purchase Commitment in a calendar year to purchase METROLOGIC Qualifying Product pursuant to Section 11.1.6, and (ii) the actual number of units of METROLOGIC Qualifying Products ordered by SYMBOL during such calendar year, or prorated in that calendar year pursuant to Section 11.6.2.
Annual Shortfall means, in relation to a Buyer, in respect of a Contract Year, the amount (if any), expressed in GJ, by which the aggregate quantities of Gas (including the aggregate quantity of Buyer's Make-up Gas taken by that Buyer in that Contract Year as a result of Clause 2.3):
Annual Shortfall means the negative amount resulting from the sum of all Quarterly Gains, less all Quarterly Shortfalls, for any Calendar Year.