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DKRW WIND HOLDINGS, LLC v. TRANSCANADA ENERGY, LTD.

4572, 654146/13.

154 A.D.3d 425 (2017)

61 N.Y.S.3d 228

2017 NY Slip Op 06907

DKRW WIND HOLDINGS, LLC, Appellant, v. TRANSCANADA ENERGY, LTD., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 3, 2017.

This breach of contract action arises from a "Project Fee Agreement" (the PFA) by which plaintiff transferred to defendant its interest in developing a wind energy facility located near Kibby Mountain in Maine (the Kibby Project) in exchange for certain payments, including an annual "Operating Fee." Plaintiff claims that defendant breached the PFA by improperly calculating two components of the fee — "gross electricity sales revenue" and "Royalty Rate."

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