Construction of Giresun Wastewater Treatment Plant  Tender Dossier Volume 3 Employer’s Requirements  71 of 74  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.  3_Vol3_d4.3_Section 3_Plant Description_GIR_rev08 