Common use of Amount Purchased Clause in Contracts

Amount Purchased. Commencing on the DATE OF INITIAL OPERATION, and thereafter during the term of the AGREEMENT, SELLER shall sell and deliver to PECO ENERGY exclusively, and PECO ENERGY shall purchase and accept delivery of, the PROJECT's NET ELECTRIC OUTPUT. Subject to Section 3.1 AVAILABILITY of the Capacity Addendum, as amended, PECO ENERGY has the exclusive right to purchase all of the NET ELECTRIC OUTPUT of the FACILITY throughout the term of this AGREEMENT; provided, however, that PECO ENERGY shall not be required to purchase or accept delivery of NET ELECTRIC OUTPUT from the PROJECT in excess of the lesser of (a) 119 megawatts or (b) the amount of electric output for which the FERC has certified the FACILITY as a QUALIFYING FACILITY. SELLER shall notify the person designated by PECO ENERGY by 10:00 a.m. at least one business day prior to delivering NET ELECTRIC OUTPUT in excess of 150 megawatts per hour (31 megawatts per hour per Phase I, 119 megawatts per hour per Phase II), and PECO ENERGY will purchase and accept such NET ELECTRIC OUTPUT from SELLER unless PECO ENERGY notifies SELLER by 12:00 p.m. noon at least one business day prior to delivery that it will not purchase and accept such NET ELECTRIC OUTPUT, in which case SELLER shall have the right to sell such NET ELECTRIC OUTPUT in excess of 150 megawatts per hour to third parties. Should PECO ENERGY elect to accept NET ELECTRIC OUTPUT in excess of 150 megawatts per hour, SELLER has no obligation to provide such excess electric output in the amount identified during each hour of the period for which PECO ENERGY has agreed to accept the excess energy.

Amount Purchased. Commencing on the DATE OF INITIAL OPERATION, and thereafter during the term of the AGREEMENT, SELLER shall sell and deliver to PECO ENERGY exclusively, and PECO ENERGY shall purchase and accept delivery of, the PROJECT's NET ELECTRIC OUTPUT. Subject to Section 3.1 AVAILABILITY of the Capacity Addendum, as amended, PECO ENERGY has the exclusive right to purchase all of the NET ELECTRIC OUTPUT of the FACILITY throughout the term of this AGREEMENT; provided, however, that PECO ENERGY shall not be required to purchase or accept delivery of NET ELECTRIC OUTPUT from the PROJECT in excess of the lesser of (a) 119 31 megawatts or (b) the amount of electric output for which the FERC has certified the FACILITY as a QUALIFYING FACILITY. SELLER shall notify the person designated by PECO ENERGY by 10:00 a.m. at least one business day prior to delivering NET ELECTRIC OUTPUT in excess of 150 megawatts per hour (31 megawatts per hour per Phase I, 119 megawatts per hour per Phase II), and PECO ENERGY will purchase and accept such NET ELECTRIC OUTPUT from SELLER unless PECO ENERGY notifies SELLER by 12:00 p.m. noon at least one business day prior to delivery that it will not purchase and accept such NET ELECTRIC OUTPUT, in which case SELLER shall have the right to sell such NET ELECTRIC OUTPUT in excess of 150 megawatts per hour to third parties. Should PECO ENERGY elect to accept NET ELECTRIC OUTPUT in excess of 150 megawatts per hour, SELLER has no obligation to provide such excess electric output in the amount identified during each hour of the period for which PECO ENERGY has agreed to accept the excess energy. Section 4.1 AMOUNT PURCHASED of the Agreement for Purchase of Electric Output (Phase II) is deleted in its entirety and replaced with the following language: