3.2Raw Materials and Utilities Cons

3.2Raw Materials and Utilities ConsumptionBidders to submit in as part of the bid.4. Failure in Guarantees and Liquidated Damages4.1Failure to Attain Guaranteed Production CapacityIf the production capacity of the facilities attained in the guarantee test, pursuant to GCC Subclause 25.2,is less than the guaranteed figure specified in para. 3.1 above, but the actual production capacity attainedin the guarantee test is not less than the minimum level specified in para. 4.3 below, and the Contractorelects to pay liquidated damages to the Employer in lieu of making changes, modifications and/oradditions to the Facilities, pursuant to GCC Subclause 28.3, then the Contractor shall pay liquidateddamages at the rate of USD12,000 of the Contract Price for every complete 1% of the deficiency in theproduction capacity of the Facilities, or at a proportionately reduced rate for any deficiency, or part thereof,of less than a complete 1%.4.2 Guaranteed Performance Ratio-10MW Altai Solar PVIf the interim performance test shows a Performance Ratio less than Guaranteed PR (%) specified in FormFUNC, “PV PR Guarantee at date of Completion”, the Contractor shall pay to the Employer by way ofliquidated damages an amount equal to the difference between the value of the energy produced in the12 month period from the date of the Provisional Acceptance Certificate by applying the energy price forthat period only.i.e.Liquidated Damagesyr1 = Annual Differenceyr1 * Guaranteed Energy Price per kWhWhere:Liquidated Damagesyr1 = Performance Liquidated Damages for the first 12 months from the date ofprovisional acceptanceGuaranteed Energy Price per kWh is [ ] MNT.Annual Differenceyr1 is calculated by the following formula: