during which such Container Shortfall exists will be reduced by a quantity (“Container Shortfall Quantity”) calculated in accordance with the following formula:

[[Organization A:Organization]], Transporter, or any Third Party Service Provider (“Delivery Shortfall Quantity”), then upon the request of [[Organization A:Organization]], [[Organization B:Organization]] shall use reasonable efforts to reschedule pursuant to [Section 8.4] as soon as reasonably practicable thereafter, such Delivery Shortfall Quantity in the ADP or the current or a future 90-Day Schedule during the Commercial Operations Period in which such Delivery Shortfall Quantity accrued, and [[Organization B:Organization]] shall use reasonable efforts to allocate such Delivery Shortfall Quantity to [[Organization B:Organization]]’s Facilities that have capacity to accept additional LNG; provided, however, that [[Organization B:Organization]] shall have no obligation to undertake any rescheduling where such Delivery Shortfall Quantity would decrease the amount of LNG allocated to [[Organization B:Organization]]’s Facilities on the islands of Maui and Hawai‘i during such Commercial Operations Period. [[Organization B:Organization]] shall act as a Reasonable and Prudent Operator in rescheduling and allocating any Delivery Shortfall Quantity. If a Delivery Shortfall Quantity is rescheduled in accordance with this [Section 5.8.3], then [[Organization A:Organization]] shall have no liability to [[Organization B:Organization]] for such Delivery Shortfall Quantity.

15 Shortfall Amount

Section # Shortfall Reserve Account.

The number of shares issuable will be reduced proportionately to the shortfall in the minimum gross revenue for any year. However, such a shortfall will be allowed to be carried over to the next year and allotted if the minimum gross revenue for that year exceeds the amount designated as minimum gross revenue for that year plus the shortfall of the previous year.

the aggregate amount that would be required to be distributed to Unitholders to equal the product of the Base Unit Amount on the Record Date for such Quarter multiplied by the First Target Quarterly Distribution; 1.1.5 “Aggregate Shortfall” means the sum of the Shortfalls in all preceding Quarters, subject to the adjustments set forth below, provided that, upon the expiration of the Purchase Price Adjustment Period, the Aggregate Shortfall will be equal to zero. For each additional Common Unit received by NEE Partners during the Purchase Price Adjustment Period, the Aggregate Shortfall will be increased by an amount equal to the portion of the Aggregate Shortfall attributable to each outstanding Common Unit held by NEE Partners immediately prior to such issuance. The Aggregate Shortfall will be reduced, in whole or in part and without duplication, in any subsequent Quarter in the amount by which the Available Cash from Operating Surplus distributed by NEE Operating LP to its Unitholders in such Quarter is greater than the Shortfall Threshold, provided that the Aggregate Shortfall will be reduced only to the extent that corresponding Purchase Price Adjustments required to be paid by NEE Operating LP have been so paid;

“Collateral Shortfall Amount” is defined in [Section 9.1(A)] hereof.

“Currency Shortfall” has the meaning set forth in [Section 4.06(b)].

any shortfall which arises on the enforcement of the Transaction Security.

In the event that INIS fails to deliver to Nordion the Cobalt-60 Pellets in accordance with the supply commitment set out in Modified [Appendix B] for any given Contract Year (“Shortfall Quantity”), then Nordion, at its sole discretion may, within sixty (60) days following the end of such Contract Year, a) request (and shall be entitled to) a refund of the applicable commitment fee paid pursuant to [section 4.3] corresponding to such Shortfall Quantity and a refund of the progress payments paid pursuant to [section 4.4], corresponding to such Shortfall Quantity for that Contract Year, and a corresponding reduction in the quantity of Cobalt-60 Pellets to be purchased by Nordion in such Contract Year or b) permit all or part of such Shortfall Quantity to be delivered in the Contract Year immediately following the Contract Year in which the Shortfall Quantity occurred. For the purpose of clarity, should Nordion choose to take delivery of a Shortfall Quantity in the immediately following Contract Year, INIS, in addition to the quantity of Cobalt-60 Pellets that are required to be delivered in such Contract Year pursuant to Modified [Appendix B], shall also deliver the Shortfall Quantity in such Contract Year. If Nordion elects to receive a refund, INIS shall pay such refund to Nordion within sixty (60) days of receipt by INIS of Nordion’s election to receive such refund, provided further, that Nordion may, in its unfettered discretion, elect to apply such refund and offset against future progress payments pursuant to [section 4.4].