Common use of Adjustments to Power Price; ITC Eligibility Adjustment; Distribution Utility Upgrades Clause in Contracts

Adjustments to Power Price; ITC Eligibility Adjustment; Distribution Utility Upgrades. The Parties acknowledge that the Power Price set forth in Exhibit B is based on certain assumptions by Provider, and that the Power Price may, if (and only if) either of the two assumptions provided in this Section 4(B) are inaccurate, require an adjustment to the Power Price following the Effective Date as follows: (1) Provider assumed that certain Civil Work required for the Project would be eighty percent (80%) eligible for the ITC. No later than the Notice to Proceed (as defined below), Provider shall provide to District a third-party assessment of the eligibility for the Civil Work. If the percentage of the Civil Work eligible for the ITC is less than sixty percent (60%), then District shall have the right to terminate this Agreement, without fault or liability to either Party, by providing notice thereof to Provider within ten (10) days following delivery by Provider of such assessment of ITC eligibility. If the Civil Work eligible for the ITC is less than eighty percent (80%), then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.00073 /kWh for each additional $100,000 decrease in the Civil Work eligibility for the ITC. If the Civil Work eligible for the ITC is greater than eighty percent (80%), then District shall be entitled to a proportionate decrease of the Power Price in an amount of $0.00073 /kWh for each additional $100,000 increase in Civil Work eligibility for the ITC. (2) Provider assumed that the total amount of upgrades to be required by Distribution Utility in connection with the Project would not exceed $344,602. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades exceeds $344,602, then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.00230/kWh for each additional $100,000 increase in cost. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades is less than $344,602, District shall be entitled to a proportionate decrease of the PPA rates in an amount of $0.00230/kWh per $100,000 decrease in cost.

Adjustments to Power Price; ITC Eligibility Adjustment; Distribution Utility Upgrades. The Parties acknowledge that the Power Price set forth in Exhibit B is based on certain assumptions by Provider, and that the Power Price may, if (and only if) either of the two assumptions provided in this Section 4(B) are inaccurate, require an adjustment to the Power Price following the Effective Date as follows: (1) Provider assumed that certain Civil Work required for the Project would be eighty percent (80%) eligible for the ITC. No later than the Notice to Proceed (as defined below), Provider shall provide to District a third-party assessment of the eligibility for the Civil Work. If the percentage of the Civil Work eligible for the ITC is less than sixty percent (60%), then District shall have the right to terminate this Agreement, without fault or liability to either Party, by providing notice thereof to Provider within ten (10) days following delivery by Provider of such assessment of ITC eligibility. If the Civil Work eligible for the ITC is less than eighty percent (80%), then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.00073 /kWh 0.00048/kWh for each additional $100,000 decrease in the Civil Work eligibility for the ITC. If the Civil Work eligible for the ITC is greater than eighty percent (80%), then District shall be entitled to a proportionate decrease of the Power Price in an amount of $0.00073 /kWh 0.00048/kWh for each additional $100,000 increase in Civil Work eligibility for the ITC. (2) Provider assumed that the total amount of upgrades to be required by Distribution Utility in connection with the Project would not exceed $ $344,602576,568. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades exceeds $344,602576,568, then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.002300.00153/kWh for each additional $100,000 increase in cost. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades is less than $344,602576,568, District shall be entitled to a proportionate decrease of the PPA rates in an amount of $0.002300.00153/kWh per $100,000 decrease in cost.

Adjustments to Power Price; ITC Eligibility Adjustment; Distribution Utility Upgrades. The Parties acknowledge that the Power Price set forth in Exhibit B is based on certain assumptions by Provider, and that the Power Price may, if (and only if) either of the two assumptions provided in this Section 4(B) are inaccurate, require an adjustment to the Power Price following the Effective Date as follows: (1) Provider assumed that certain Civil Work required for the Project would be eighty percent (80%) eligible for the ITC. No later than the Notice to Proceed (as defined below), Provider shall provide to District a third-party assessment of the eligibility for the Civil Work. If the percentage of the Civil Work eligible for the ITC is less than sixty percent (60%), then District shall have the right to terminate this Agreement, without fault or liability to either Party, by providing notice thereof to Provider within ten (10) days following delivery by Provider of such assessment of ITC eligibility. If the Civil Work eligible for the ITC is less than eighty percent (80%), then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.00073 /kWh 0.00086/kWh for each additional $100,000 decrease in the Civil Work eligibility for the ITC. If the Civil Work eligible for the ITC is greater than eighty percent (80%), then District shall be entitled to a proportionate decrease of the Power Price in an amount of $0.00073 /kWh 0.00086/kWh for each additional $100,000 increase in Civil Work eligibility for the ITC. (2) Provider assumed that the total amount of upgrades to be required by Distribution Utility in connection with the Project would not exceed $ $344,602109,076. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades exceeds $344,602109,076, then Provider shall be entitled to a proportionate increase of the Power Price in an amount of $0.002300.00272/kWh for each additional $100,000 increase in cost. If the actual cost reasonably incurred by Provider for Distribution Utility Upgrades is less than $344,602109,076, District shall be entitled to a proportionate decrease of the PPA rates in an amount of $0.002300.00272/kWh per $100,000 decrease in cost.