Common use of Capacity Price Clause in Contracts

Capacity Price. The Capacity Price for each kilowatt of Contract Capacity in each Contract Year shall be as follows: Contract Year Capacity Price ($/kW-year) "Dispatched Energy" shall be the amount of Energy, in any hour, that Buyer requests Seller to deliver, pursuant to the terms and conditions of the dispatch protocol, which shall be mutually agreed by Buyer and Seller and attached as an appendix to this Agreement. In no event shall Buyer be obligated to receive or pay for, in any hour, any Delivered Energy that either exceeds the amount of Dispatched Energy for the applicable hour or that was not requested by Buyer, pursuant to the dispatch protocol. Seller shall inform Buyer whenever it knows, or has reasonable basis to believe, that the Project is not fully capable of producing Delivered Energy in the amount of the Contract Capacity in any given hour. "Available Hours" shall be defined and calculated for each month pursuant to the formula immediately below as the sum of the following: the number of hours in such month in which Buyer has not requested Dispatched Energy from the Project and in which the Project is fully capable of producing Delivered Energy in the amount of the Contract Capacity; plus, for each hour in such month in which the Project is dispatched by Buyer, the quotient resulting from dividing the amount of Delivered Energy for that hour by the amount of Dispatched Energy (provided, however, that such product amount shall never exceed precisely one).

Capacity Price. The Capacity Price for each kilowatt of Contract Capacity in each Contract Year shall be as follows: Contract Year Capacity Price ($/kW-year) "Dispatched Energy" shall be the amount of Energy, in any hour, that Buyer requests Seller to deliver, pursuant to the terms and conditions of the dispatch protocol, which shall be mutually agreed by Buyer and Seller and attached as an appendix to this Agreement. In no event shall Buyer be obligated to receive or pay for, in any hour, any Delivered Energy that either exceeds the amount of Dispatched Energy for the applicable hour or that was not requested by Buyer, pursuant to the dispatch protocol. Seller shall inform Buyer whenever it knows, or has reasonable basis to believe, that the Project is not fully capable of producing Delivered Energy in the amount of the Contract Capacity in any given hour. "Available Hours" shall be defined and calculated for each month pursuant to the formula immediately below as the sum of the following: the number of hours in such month in which Buyer has not requested Dispatched Energy from the Project and in which the Project is fully capable of producing Delivered Energy in the amount of the Contract Capacity; plus, for each hour in such month in which the Project is dispatched by Buyer, the quotient resulting from dividing the amount of Delivered Energy for that hour by the amount of Dispatched Energy (provided, however, that such product amount shall never exceed precisely one).