Common use of Adjustment to the Net Dependable Capacity Estimate Clause in Contracts

Adjustment to the Net Dependable Capacity Estimate. ‌ (a) The Generator may, if it considers that the Net Dependable Capacity will be lower than the Net Dependable Capacity Estimate, give a notice to the DPA Counterparty (a "NDCE Adjustment Notice"). An NDCE Adjustment Notice must be given to the DPA Counterparty no later than the Milestone Delivery Date (the "NDCE Adjustment Deadline") and shall: (i) specify: (A) the amount by which the Net Dependable Capacity will be lower than the Net Dependable Capacity Estimate; (B) the new Net Dependable Capacity Estimate which is to apply to the Facility as a result of such reduction (the "Revised NDCE"); (ii) include details of any change in the Facility which will result from the reduction to the Net Dependable Capacity Estimate (which shall include revised details of the assets comprising the Facility and any revised aerial view of the unique geographical location of (a) the Facility; and (b) the Facility Metering Equipment); and (iii) include such Supporting Information as the Generator considers to be relevant to evidence the detail of any changes to the asset comprising the Facility which will result from the reduction to the Net Dependable Capacity Estimate. (b) The Revised NDCE shall constitute the Net Dependable Capacity Estimate with effect from the date of the NDCE Adjustment Notice, provided that if an NDCE Adjustment Notice specifies a Revised NDCE which is less than ninety per cent. (90%) of the Initial Net Dependable Capacity Estimate, such NDCE Adjustment Notice shall be invalid and of no effect. (c) Any NDCE Adjustment Notice shall be irrevocable and the Generator may not subsequently increase the Net Dependable Capacity Estimate.

Adjustment to the Net Dependable Capacity Estimate. ‌ (a) The Generator may, if it considers that the Net Dependable Capacity will be lower than the Net Dependable Capacity Estimate, give a notice to the DPA Counterparty (a "NDCE Net Dependable Capacity Estimate Adjustment Notice"). An NDCE A Net Dependable Capacity Estimate Adjustment Notice must be given to the DPA Counterparty no later than the Milestone Delivery Date [a deadline to be determined] (the "NDCE Net Dependable Capacity Estimate Adjustment Deadline") and shall: (i) specify: (A) the amount by which the Net Dependable Capacity will be lower than the Net Dependable Capacity Estimate; (B) the new Net Dependable Capacity Estimate which is to apply to the Facility as a result of such reduction (the "Revised NDCE")reduction; (ii) include details of any change in the Facility which will result from the reduction to the Net Dependable Capacity Estimate (which shall include revised details of the assets comprising the Facility and any revised aerial view of the unique geographical location of (a) the Facility; and (b) the Facility Metering Equipment); and (iii) include such Supporting Information as the Generator considers to be relevant to evidence the detail of any changes to the asset comprising the Facility which will result from the reduction to the Net Dependable Capacity Estimate. (b) The Revised NDCE new Net Dependable Capacity Estimate pursuant to clause 8.1(a)(i)(B) shall constitute the Net Dependable Capacity Estimate with effect from the date of the NDCE Net Dependable Capacity Estimate Adjustment Notice, provided that if an NDCE the Net Dependable Capacity Estimate Adjustment Notice specifies a Revised NDCE which is less than ninety per cent. (90%) of [the Initial Net Dependable Capacity Estimate, such NDCE Adjustment Notice shall maximum permitted reduction to be invalid and of no effectdetermined]. (c) Any NDCE Net Dependable Capacity Estimate Adjustment Notice shall be irrevocable and the Generator may not subsequently increase the Net Dependable Capacity Estimate. (d) The Generator may give a Net Dependable Capacity Estimate Adjustment Notice on only one (1) occasion prior to the Net Dependable Capacity Estimate Adjustment Deadline. Any Net Dependable Capacity Estimate Adjustment Notice given to the DPA Counterparty after the Net Dependable Capacity Estimate Adjustment Deadline shall be invalid and of no effect.