Common use of Contract Quantity and Guaranteed Energy Production Clause in Contracts

Contract Quantity and Guaranteed Energy Production. The quantity of Delivered Energy to be delivered by Seller during each Contract Year is expected to be at least [_____] MWh net of all Electrical Losses (“Contract Quantity”). Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in any period of twenty-four (24) consecutive months during the Delivery Term (“Performance Measurement Period”). If Seller delivers less than the Guaranteed Energy Production in any Performance Measurement Period, then within 120 days after the last day of the last month of such Performance Measurement Period, Buyer shall notify Seller of such failure and Buyer may, at its option, declare an Event of Default. If during such 120 day period, Buyer opts not to declare an Event of Default with respect to Seller’s failure to meet the Guaranteed Energy Production requirement, then Buyer shall waive its right to declare an Event of Default based on Seller’s failure with respect to the Performance Measurement Period which served as the basis for the default. For sake of certainty, in the event that Buyer waives its right to declare an Event of Default with respect to the Performance Measurement Period which served as the basis for such default, Buyer shall again have the right to declare an Event of Default, subject to the conditions set forth in this subpart (e), if as of the last day of the month following such Performance Measurement Period or any subsequent month, Seller again fails to achieve the Guaranteed Energy Production requirement for such subsequent Performance Measurement Period.

Contract Quantity and Guaranteed Energy Production. The quantity of Delivered Energy to be delivered by Seller Contract Quantity during each Contract Year is expected to be at least [_____] MWh net of all Electrical Losses (“Contract Quantity”)MWh. Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in any period of twenty-four (24) consecutive months during the Delivery Term (“Performance Measurement Period”). Guaranteed Energy Production means an amount of Energy, as measured in MWh, equal to the product of (i) and (ii), where (i) is [________]% of the Contract Quantity [Insert number that reflects the percentage of Contract Quantity to be delivered over a 24 month period], and (ii) is the difference between (A) and (B), with the difference divided by (A), where (A) is the number of hours in the applicable Performance Measurement Period and (B) is the aggregate number of Seller Excuse Hours in the applicable Performance Measurement Period. If Seller delivers less than the Guaranteed Energy Production in any Performance Measurement Period, then within 120 days after the last day of the last month of such Performance Measurement Period, Buyer shall notify Seller of such failure and Buyer may, at its option, declare an Event of Default. If during such 120 day period, Buyer opts not to declare an Event of Default with respect to Seller’s failure to meet the Guaranteed Energy Production requirement, then Buyer shall waive its right to declare an Event of Default based on Seller’s failure with respect to the Performance Measurement Period which served as the basis for the default. For sake of certainty, in the event that Buyer waives its right to declare an Event of Default with respect to the Performance Measurement Period which served as the basis for such default, Buyer shall again have the right to declare an Event of Default, subject to the conditions set forth in this subpart (e), if as of the last day of the month following such Performance Measurement Period or any subsequent month, Seller again fails to achieve the Guaranteed Energy Production requirement for such subsequent Performance Measurement Period.

Contract Quantity and Guaranteed Energy Production. The quantity of Delivered Energy to be delivered by Seller Contract Quantity during each Contract Year is expected to be at least [_____] MWh net of all Electrical Losses (“Contract Quantity”)MWh. Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production in any period of twenty-four (24) consecutive months during the Delivery Term (“Performance Measurement Period”). Guaranteed Energy Production means an amount of Energy, as measured in MWh, equal to the product of (i) and (ii), where (i) is the product of two (2) times the [________]% of the Contract Quantity [Insert number that reflects the percentage of Contract Quantity to be delivered over a 12 month period], and (ii) is the difference between (A) and (B), with the difference divided by (A), where (A) is the number of hours in the applicable Performance Measurement Period and (B) is the aggregate number of Seller Excuse Hours in the applicable Performance Measurement Period, which Guaranteed Energy Production is described by the following formula. If Seller delivers less than the Guaranteed Energy Production in any Performance Measurement Period, then within 120 one hundred twenty (120) days after the last day of the last month of such Performance Measurement Period, Buyer shall notify Seller of such failure and Buyer may, at its option, declare an Event of Default. If during such 120 one hundred twenty (120) day period, Buyer opts not to declare an Event of Default with respect to Seller’s failure to meet the Guaranteed Energy Production requirement, then Buyer shall waive its right to declare an Event of Default based on Seller’s failure with respect to the Performance Measurement Period which served as the basis for the default. For sake of certainty, in the event that Buyer waives its right to declare an Event of Default with respect to the Performance Measurement Period which served as the basis for such default, Buyer shall again have the right to declare an Event of Default, subject to the conditions set forth in this subpart subsection (e), if as of the last day of the month following such Performance Measurement Period or any subsequent month, Seller again fails to achieve the Guaranteed Energy Production requirement for such subsequent Performance Measurement Period.

Contract Quantity and Guaranteed Energy Production. The quantity of Delivered Energy that Seller expects to be delivered by Seller able to deliver to Buyer during each Contract Year is expected to be at least [_____] MWh net of all Electrical Losses (“Contract Quantity”). Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in any period of [twelve (12)] [twenty-four (24) )] consecutive months calendar month period during the Delivery Term (“Performance Measurement Period”). If “Guaranteed Energy Production” means an amount of Energy, as measured in MWh, equal to [two times] [________]% of the Contract Quantity. Notwithstanding the excuses to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a)), Seller delivers less than shall be excused from achieving the Guaranteed Energy Production in during any Performance Measurement PeriodPeriod only to the extent of any Force Majeure events, then within 120 days after the last day of the last month of such Performance Measurement Period, Buyer shall notify Seller of such failure and Buyer may, at its option, declare an Event of Default. If during such 120 day period, Buyer opts not to declare an Event of Default with respect to SellerBuyer’s failure to meet perform, or Dispatch Down Periods. For purposes of determining whether Seller has achieved the Guaranteed Energy Production requirementProduction, then Seller shall be deemed to have delivered to Buyer shall waive its right Energy in the amount it could reasonably have delivered to declare an Event Buyer but was prevented from delivering to Buyer by reason of Default based on Sellerany Force Majeure events, Buyer’s failure with respect to the Performance Measurement Period which served as the basis for the default. For sake of certaintyperform, in the event that Buyer waives its right to declare an Event of Default with respect to the Performance Measurement Period which served as the basis for such default, Buyer shall again have the right to declare an Event of Default, subject to the conditions set forth in this subpart (e), if as of the last day of the month following such Performance Measurement Period or any subsequent month, Seller again fails to achieve the Guaranteed Energy Production requirement for such subsequent Performance Measurement PeriodDispatch Down Periods.]