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 the Initial Delivery Date. 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 will 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 receiv...
Examples of Output Guarantee in a sentence
Seller is obligated to deliver a quantity of Net Output during each covered Contract Year which is equal to the Output Guarantee.
In the event the replacement energy procured by Utility as a result of Seller’s failure to deliver the Output Shortfall results in incremental ancillary services and transmission costs, an amount equal to such costs incurred by Utility, provided however that Utility shall provide commercially reasonable evidence that it incurred such costs as a result of Seller’s failure to deliver in accordance with the Output Guarantee.
Seller’s compliance with the Output Guarantee will be calculated annually, commencing with the first (1st) day of the second Contract Year after the Commercial Operation Date or Initial Delivery Date, as applicable, based on Facility data from the previous Contract Year and ending with the last Full Contract Year in the Term.
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 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.
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. SAMPLE
Output Guarantee shall have the meaning assigned to such term in Section 2.13.
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 is defined in Section 6.12.1.