Non-performance damages shall become payable to the Employer by the Contractor if the actual operating cost of consumables during the Defects Notification Period, exceeds the estimated annual consumption stated in the Tender for named indicators. The phrase “annual” stated in 3.5.1, 3.5.2 and 3.5.3 mean the average of two years. 

The non-performance damages payable by the Contractor shall be the amounts calculated by the formula as specified here below: 

## 3.5.1 Non-performance Damages for failure to meet the Electric Power Consumption Commitment 

## 3.5.1.1 Hydraulic Load Electric Power Consumption Commitment 

The non-performance damage to be paid to the Employer by the Contractor in the event of the actual consumption is more than committed shall be calculated as follows: 

Value = [kWh/m$^{3}$ (actual) – kWh/m$^{3}$ (committed)] x annual flow rate x cost of electricity x N 

kWh/m$^{3}$ (actual) = the measured and calculated power consumption in kWh/m$^{3}$ as follows: 

Actual annual power consumption measured for the hydraulic load section of the plant as explained above divided by the actual annual flow rate measured 

kWh/m$^{3}$ (committed) = committed power consumption in kWh/m$^{3}$ as follows: 

Unit rates given in Schedule 11.1 by the Contractor shall be calculated according the actual hydraulic load as explained above. 

Annual flow rate is the average flow rate for Stage 1 which is 8,529,320 m$^{3}$ 

Cost of electricity = 0.100 € / kWh 

N; a fixed number as determined by the Employer ( 10 in here) 

## 3.5.1.2 Organic Load Electric Power Consumption Commitment 

The non-performance damage to be paid to the Employer by the Contractor in the event of the actual consumption is more than committed shall be calculated as follows: 

Value = [kWh/kg COD removed (actual) – kWh/kg COD removed (committed)] x annual organic load x cost of electricity x N 

kWh/kg COD removed (actual) = the measured and calculated power consumption in kWh/kg COD removed as follows: 

Actual annual power consumption measured for the organic load section of the plant as explained above divided by the actual annual removed organic load as COD, analysed and calculated 

kWh/kg COD removed (committed) = committed power consumption in kWh/kg COD removed as follows: 

Unit rates given in Schedule 11.2 by the Contractor shall be calculated according the actual organic load of COD as explained above. 

