Common use of Contract Quantity Clause in Contracts

Contract Quantity. During the Delivery Period, Seller shall provide the Product for each Showing Month in the total amounts listed below (“Contract Quantity”), which amounts are the sum of the Import Contract Quantities: Seller shall deliver to Buyer all Capacity Attributes associated with the Contract Quantity for each Showing Month consistent with the following: Seller shall, on a timely basis, submit, or cause each Import Resource’s SC to submit, Supply Plans, using the Contract Log Number listed in Appendix A, to identify and confirm the Import Contract Quantity to be provided to Buyer from each Import Resource for each Showing Month so that the total amount of Import Contract Quantity identified and confirmed for such Showing Month equals the Contract Quantity, and; No later than fifteen (15) Business Days before the applicable Compliance Showing deadlines for each Showing Month, Seller shall cause each Unit’s SC to submit Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Month in a format and to a platform as communicated by Buyer Notice to Seller prior to the Compliance Showing. Following ▇▇▇▇▇’s receipt of Seller’s Notice and proposed Supply Plan, Buyer may Notify Seller no later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Month of any changes to the Supply Plan and Seller shall implement any such changes in the Supply Plan to be submitted to the CAISO. In the event that ▇▇▇▇▇ does not Notify Seller of any changes to the proposed Supply Plan, Seller may submit the proposed Supply Plan to the CAISO, and; In the event the Buyer is unable to receive credit for the Capacity Attributes from the Import Resources due to a deficiency associated with Buyer’s Remaining Import Capability based upon notice provided by CAISO as to the discrepancies between the submitted Supply Plans and Compliance Showing, Seller shall have no obligation to provide Replacement Capacity under Section 5.1 and shall be deemed to have delivered the Contract Quantity.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to the Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. * Buyer shall provide have the Product for each Showing Month in right (the total amounts listed below (“Contract QuantityOption Right”), which amounts are the sum of the Import Contract Quantities: Seller shall deliver ) to Buyer all Capacity Attributes associated with elect to increase the Contract Quantity from [*] Tons per [*] to [*] Tons per [*] for the period from [*], through [*], by providing written notice of such election to Seller no later than March [*]. Such tonnage shall be delivered ratably during each Showing Month consistent with month of each Contract [*]. Buyer and Seller agree that the following: projected tonnage shortfall through [*] will be approximately [*] Tons of Coal. Buyer and Seller shall, on a timely basis, submit, or cause each Import Resource’s SC further agree that Buyer shall have the right but not the obligation to submit, Supply Plans, using have such shortfall shipped at the rate of [*] Tons per month during any months through the Term of this Agreement by providing Seller thirty (30) days prior notice of such election. The Contract Price to be paid for such Coal shall be the Contract Log Number listed Price in Appendix Aeffect when the shipment is made. For the Delivery Period from [*], through [*], Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract [*] of Specification A Coal. Oxford Mining Company, Inc. Amendment No. 2006-3 Page 3 The remaining coal to identify be delivered to Buyer shall consist of Specification B Coal. At any time upon thirty (30) days prior written notice to Seller during such Delivery Period, Buyer may elect to receive more than [*] Tons of Specification A Coal during any Contract [*], provided that the total Tons of Specification A and confirm Specification B Coal shall equal the Import Contract Quantity, which Quantity may be increased at Buyer’s option, as provided below. For the Delivery Periods on or after [*], Buyer shall have the option to elect any percentage of the Contract Quantity to be delivered as Specification A or Specification B Coal with at least thirty (30) days prior notice to Seller, provided to Buyer from each Import Resource for each Showing Month so that the total amount Tons of Import Contract Quantity identified Specification A and confirmed for such Showing Month equals Specification B Coal shall equal the Contract Quantity, and; No later than fifteen (15) Business Days before which Quantity may be increased at Buyer’s option, as provided below. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after [*], Buyer shall have the applicable Compliance Showing deadlines for each Showing Monthright of first refusal on the first [*] tons of washed Coal processed during any Contract [*] from such preparation plant at the price Seller would otherwise sell to a third party. Should Buyer elect to purchase the washed Coal, Seller shall cause each Unit’s SC to submit Notice to Buyer which includes Seller’s proposed Supply Plan for tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract [*] through Contract [*], Buyer shall have the right to increase the Contract Quantity by [*] Tons per half-year, and during Contract [*] through [*], Buyer shall have the right to increase the Contract Quantity by [*] Tons ([*] Tons, if Buyer exercises its Contract Option Right) per half-year (January through June or July through December) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Showing Month in a format and to a platform as communicated by Buyer Notice to Seller Half-Year Quantity Option at least ninety (90) days prior to the Compliance Showingbeginning of the applicable Half-Year period. Following ▇▇▇▇▇’s receipt of Seller’s Notice and proposed Supply PlanAdditionally, Buyer may Notify Seller no later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Month of any changes to the Supply Plan and Seller shall implement any such changes in the Supply Plan to be submitted to the CAISO. In the event that ▇▇▇▇▇ does not Notify Seller of any changes to the proposed Supply Plan, Seller may submit the proposed Supply Plan to the CAISO, and; In the event the Buyer is unable to receive credit for the Capacity Attributes from the Import Resources due to a deficiency associated with Buyer’s Remaining Import Capability based upon notice provided by CAISO as to the discrepancies between the submitted Supply Plans and Compliance Showing, Seller shall have no the right at any time, and from time to time, to increase its monthly quantity obligation for Specification A and/or Specification B Coal by up to provide Replacement Capacity under Section 5.1 [*] Tons (hereinafter the “Monthly Quantity Option”), and shall be deemed to have delivered thus the Contract Quantity, at any time up to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation to the minimum monthly quantity obligation. Each such election shall be referred to as an “Option” for Coal produced from reserves of Coal dedicated to this Agreement in Schedule 3.1-B hereof.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to the Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. * Buyer shall provide have the Product for each Showing Month in right (the total amounts listed below (“Contract QuantityOption Right”), which amounts are the sum of the Import Contract Quantities: Seller shall deliver ) to Buyer all Capacity Attributes associated with elect to increase the Contract Quantity from [*] Tons per year to [*] Tons per year for the period from January 1, 2011, through December 31, 2014, by providing written notice of such election to Seller no later than March 5, 2010. Such tonnage shall be delivered ratably during each Showing Month consistent with month of each Contract Year. Buyer and Seller agree that the following: projected tonnage shortfall through December 2006 will be approximately [*] Tons of Coal. Buyer and Seller shall, on a timely basis, submit, or cause each Import Resource’s SC further agree that Buyer shall have the right but not the obligation to submit, Supply Plans, using have such shortfall shipped at the rate of 25,000 Tons per month during any months through the Term of this Agreement by providing Seller thirty (30) days prior notice of such election. The Contract Price to be paid for such Coal shall be the Contract Log Number listed Price in Appendix Aeffect when the shipment is made. For the Delivery Period from January 1, 2006, through December 31, 2011, Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract Year of Specification A Coal. Oxford Mining Company, Inc. Amendment No. 2006-3 Page 3 The remaining coal to identify be delivered to Buyer shall consist of Specification B Coal. At any time upon thirty (30) days prior written notice to Seller during such Delivery Period, Buyer may elect to receive more than [*] Tons of Specification A Coal during any Contract Year, provided that the total Tons of Specification A and confirm Specification B Coal shall equal the Import Contract Quantity, which Quantity may be increased at Buyer’s option, as provided below. For the Delivery Periods on or after January 1, 2012, Buyer shall have the option to elect any percentage of the Contract Quantity to be delivered as Specification A or Specification B Coal with at least thirty (30) days prior notice to Seller, provided to Buyer from each Import Resource for each Showing Month so that the total amount Tons of Import Contract Quantity identified Specification A and confirmed for such Showing Month equals Specification B Coal shall equal the Contract Quantity, and; No later than fifteen (15) Business Days before which Quantity may be increased at Buyer’s option, as provided below. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2006, Buyer shall have the applicable Compliance Showing deadlines for each Showing Monthright of first refusal on the first [*] tons of washed Coal processed during any Contract Year from such preparation plant at the price Seller would otherwise sell to a third party. Should Buyer elect to purchase the washed Coal, Seller shall cause each Unit’s SC to submit Notice to Buyer which includes Seller’s proposed Supply Plan for tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract Year through Contract Year 2010, Buyer shall have the right to increase the Contract Quantity by 200,000 Tons per half-year, and during Contract Years 2011 through 2014, Buyer shall have the right to increase the Contract Quantity by 100,000 Tons (200,000 Tons, if Buyer exercises its Contract Option Right) per half-year (January through June or July through December) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Showing Month in a format and to a platform as communicated by Buyer Notice to Seller Half-Year Quantity Option at least ninety (90) days prior to the Compliance Showingbeginning of the applicable Half-Year period. Following ▇▇▇▇▇’s receipt of Seller’s Notice and proposed Supply PlanAdditionally, Buyer may Notify Seller no later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Month of any changes to the Supply Plan and Seller shall implement any such changes in the Supply Plan to be submitted to the CAISO. In the event that ▇▇▇▇▇ does not Notify Seller of any changes to the proposed Supply Plan, Seller may submit the proposed Supply Plan to the CAISO, and; In the event the Buyer is unable to receive credit for the Capacity Attributes from the Import Resources due to a deficiency associated with Buyer’s Remaining Import Capability based upon notice provided by CAISO as to the discrepancies between the submitted Supply Plans and Compliance Showing, Seller shall have no the right at any time, and from time to time, to increase its monthly quantity obligation for Specification A and/or Specification B Coal by up to provide Replacement Capacity under Section 5.1 25,000 Tons (hereinafter the “Monthly Quantity Option”), and shall be deemed to have delivered thus the Contract Quantity, at any time up to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation to the minimum monthly quantity obligation. Each such election shall be referred to as an “Option” for Coal produced from reserves of Coal dedicated to this Agreement in Schedule 3.1-B hereof.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. 2009 [*] per year [*] (see below) 2010 - 2011 [*] per year [*] (see below) For the Delivery Period from January 1, 2009, through December 31, 2011, Seller shall provide deliver, and Buyer shall accept, no less than [*] Tons per Contract Year of Specification A Coal. Not less than one hundred eighty (180) days prior to each Contract Year commencing with Contract Year 2012, Buyer will notify Seller whether the Product for Conesville Coal Preparation Plant will continue operating during the next Contract Year. For each Showing Month Oxford Mining Company, Inc. Amendment No. 2009-1 Page 2 Contract Year commencing with Contract Year 2012 in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. The remaining Coal to be delivered to Buyer shall consist of Specification B Coal. Provided that the total Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided herein, upon thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] Tons of Specification A Coal during any Contract Year in which the Conesville Coal Preparation Plant is operating, or (ii) any number of Specification A and Specification B Tons of Coal during any Contract Year in which the Conesville Coal Preparation Plant is not operating. Such tonnage shall be delivered ratably during each month of each Contract Year unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008). The shortfall has subsequently been reduced by [*] tons delivered by Seller in the months of January and February, 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total amounts listed below of [*] Tons. Buyer shall have the right to increase deliveries in any month(s) by up to 25,000 Tons per month with thirty (30) days prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be the Contract Price in effect when delivered. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2009, Buyer shall have the right of first refusal to purchase the first [*] Tons of washed Coal processed during any Contract Year from such preparation plant at the price Seller would otherwise sell to a third party (the “Contract QuantityFirst Refusal Price”), which amounts are provided that if Buyer elects to purchase such washed Coal, the sum Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013, and thereafter the First Refusal Price less [*] per Ton. Should Buyer elect to purchase the washed Coal, Seller’s tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract Year (including any option period[s] elected), Buyer shall have the right to increase the Contract Quantity by 200,000 Tons per half-year (January through June or July through December being a “Contract Half-Year”) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the Import applicable Contract Quantities: Seller Half-Year. Additionally, for any month(s) through December 2014, Buyer shall deliver have the right at any time, and from time to Buyer all Capacity Attributes associated with time, to increase its monthly quantity obligation (i.e. the Contract Quantity for each Showing Month consistent with the following: Seller shallapplicable Contract Year divided by 12) for Specification A and/or Specification B Coal by up to 25,000 Tons (hereinafter the “Monthly Quantity Option”), on a timely basis, submit, or cause each Import Resource’s SC to submit, Supply Plans, using and thus increase the Contract Log Number listed in Appendix AQuantity by up to 25,000 Tons per month, at any time prior to identify and confirm the Import Contract Quantity to be provided to Buyer from each Import Resource for each Showing Month so that the total amount of Import Contract Quantity identified and confirmed for such Showing Month equals the Contract Quantity, and; No later than fifteen thirty (1530) Business Days before the applicable Compliance Showing deadlines for each Showing Month, Seller shall cause each Unit’s SC to submit Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Month in a format and to a platform as communicated by Buyer Notice to Seller days prior to the Compliance Showing. Following ▇▇▇▇▇’s receipt beginning of Seller’s Notice and proposed Supply Plan, Buyer may Notify Seller no later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Month delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of any changes a subsequent election to reduce the Supply Plan and Seller shall implement any monthly quantity obligation by the amount of such changes in the Supply Plan to be submitted to the CAISO. In the event that ▇▇▇▇▇ does not Notify Seller of any changes to the proposed Supply Plan, Seller may submit the proposed Supply Plan to the CAISO, and; In the event the Buyer is unable to receive credit for the Capacity Attributes from the Import Resources due to a deficiency associated with Buyer’s Remaining Import Capability based upon notice provided by CAISO as to the discrepancies between the submitted Supply Plans and Compliance Showing, Seller shall have no obligation to provide Replacement Capacity under Section 5.1 and shall be deemed to have delivered the Contract Quantityincrease.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. For the Delivery Period from January 1, 2009, through December 31, 2011, Seller shall provide deliver, and Buyer shall accept, no less than [*] Tons per Contract Year of Specification A Coal. Not less than one hundred eighty (180) days prior to each Contract Year commencing with Contract Year 2012 Buyer will notify Seller whether the Product for Conesville Coal Preparation Plant will continue operating during the next Contract Year. For each Showing Month Contract Year commencing with Contract Year 2012 in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. The remaining Coal to be delivered to Buyer shall consist of Specification B Coal. Provided that the total amounts listed below (“Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided herein, upon thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] Tons of Specification A Coal during any Contract Year in which the Conesville Coal Preparation Plant is operating, or (ii) any number of Specification A and Specification B Tons of Coal during any Contract Year in which the Conesville Coal Preparation Plant is not operating. Such tonnage shall be delivered ratably during each month of each Contract Year unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008). Buyer shall have the right to increase deliveries in any month(s) by up to 25,000 Tons per month with thirty (30) days prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be the Contract Price in effect when delivered. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2009, Buyer shall have the right of first refusal to purchase the first [*] Tons of washed Coal processed during any Contract Year from such preparation plant at the price Seller would otherwise sell to a third party (the “First Refusal Price”), which amounts are provided that if Buyer elects to purchase such washed Coal, the sum Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013, and thereafter the First Refusal Price less [*] per Ton. Should Buyer elect to purchase the washed Coal, Seller’s tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract Year (including any option period[s] elected), Buyer shall have the right to increase the Contract Quantity by 200,000 Tons per half-year (January through June or July through December being a “Contract Half-Year”) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the Import applicable Contract Quantities: Seller Half-Year. Additionally, for any month(s) through December 2014, Buyer shall deliver have the right at any time, and from time to Buyer all Capacity Attributes associated with time, to increase its monthly quantity obligation (i.e. the Contract Quantity for each Showing Month consistent with the following: Seller shallapplicable Contract Year divided by 12) for Specification A and/or Specification B Coal by up to 25,000 Tons (hereinafter the “Monthly Quantity Option”), on a timely basis, submit, or cause each Import Resource’s SC to submit, Supply Plans, using and thus increase the Contract Log Number listed in Appendix AQuantity by up to 25,000 Tons per month, at any time prior to identify and confirm the Import Contract Quantity to be provided to Buyer from each Import Resource for each Showing Month so that the total amount of Import Contract Quantity identified and confirmed for such Showing Month equals the Contract Quantity, and; No later than fifteen thirty (1530) Business Days before the applicable Compliance Showing deadlines for each Showing Month, Seller shall cause each Unit’s SC to submit Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Month in a format and to a platform as communicated by Buyer Notice to Seller days prior to the Compliance Showing. Following ▇▇▇▇▇’s receipt beginning of Seller’s Notice and proposed Supply Plan, Buyer may Notify Seller no later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Month delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of any changes a subsequent election to reduce the Supply Plan and Seller shall implement any monthly quantity obligation by the amount of such changes in the Supply Plan to be submitted to the CAISO. In the event that ▇▇▇▇▇ does not Notify Seller of any changes to the proposed Supply Plan, Seller may submit the proposed Supply Plan to the CAISO, and; In the event the Buyer is unable to receive credit for the Capacity Attributes from the Import Resources due to a deficiency associated with Buyer’s Remaining Import Capability based upon notice provided by CAISO as to the discrepancies between the submitted Supply Plans and Compliance Showing, Seller shall have no obligation to provide Replacement Capacity under Section 5.1 and shall be deemed to have delivered the Contract Quantityincrease.

Contract Quantity. During the Delivery Period(a) For each calendar quarter set forth in Appendix A, Seller shall provide sell and deliver to Buyer, and Buyer shall buy and take delivery from Seller, the Product for each Showing Month minimum contract quantity of CDRs identified in such calendar quarter (such applicable quantity of CDRs, the total amounts listed below (“Contract Quantity”). (b) During the Collaboration Ramp-Up Period, which amounts are the sum of the Import Contract Quantities: Seller shall deliver to Buyer all Capacity Attributes associated with the Contract Quantity for each Showing Month consistent with the following: Seller shall, on a timely quarterly basis, submit, or cause notify Buyer of its projected inventory of uncommitted CDRs for each Import Resource’s SC to submit, Supply Plans, using calendar quarter remaining in excess of the Contract Log Number listed Quantity in Appendix A, to identify and confirm the Import Contract Quantity to be provided to Buyer from each Import Resource Collaboration Ramp-Up Period (for each Showing Month so that such quarterly inventory, the total amount “Uncommitted CDR Inventory”). Seller’s projection of Import Contract Quantity identified and confirmed for such Showing Month equals the Contract Quantity, and; No later than fifteen (15) Business Days before the applicable Compliance Showing deadlines Uncommitted CDR Inventory for each Showing Month, Seller shall cause calendar quarter in the Collaboration Ramp-Up Period may increase or decrease between each Unit’s SC to submit Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Month in a format and to a platform as communicated by Buyer Notice to Seller prior to the Compliance Showing. Following ▇▇▇▇▇’s receipt of Seller’s Notice and proposed Supply Planquarterly notices. Buyer may, in respect of any calendar quarter during the Collaboration Ramp-Up Period, request, by written notice to Seller, that the Seller deliver, in respect of such identified calendar quarter, up to the Uncommitted CDR Inventory for such calendar quarter, provided, however, that such amount shall not, unless otherwise agreed by Seller, exceed [***] during the applicable calendar quarter. Buyer may Notify shall make such request to Seller no later than ten the first (101st) Business Days before Day of the applicable Compliance Showing deadlines calendar quarter two (2) quarters immediately preceding the calendar quarter for each Showing Month requested delivery of any changes the CDRs, provided that, in respect of October 1, 2025 to December 31, 2025, Buyer shall make such request by September 30, 2025, and in respect of January 1, 2026 to March 31, 2026, Buyer shall make such request by October 15, 2025, and, in respect of April 1, 2026 to June 30, 2026, Buyer shall make such request by November 15, 2025. Subject to the Supply Plan and Seller shall implement any such changes in the Supply Plan to be submitted to the CAISO. In the event that ▇▇▇▇▇ does not Notify Seller of any changes to the proposed Supply Plan, Seller may submit the proposed Supply Plan to the CAISO, and; In the event the Buyer is unable to receive credit for the Capacity Attributes from the Import Resources due to a deficiency associated with Buyer’s Remaining Import Capability based upon notice provided by CAISO as to the discrepancies between the submitted Supply Plans and Compliance Showinglimitations above, Seller shall have no obligation deliver the additional CDRs requested by Buyer above. Any additional CDRs to provide Replacement Capacity under Section 5.1 and be delivered by Seller during the Collaboration Ramp-Up Period shall be deemed to have delivered included as the Contract QuantityQuantity for such calendar quarter.

Contract Quantity. During the Delivery Period, Seller shall provide the Product The Contract Quantity of each Unit for each Showing Month in the total amounts listed below Monthly Delivery Period shall be: January 2019 50 50 0 February 2019 50 50 0 March 2019 50 50 0 April 2019 50 50 0 May 2019 50 50 0 June 2019 50 50 0 July 2019 50 50 0 August 2019 50 50 0 September 2019 50 50 0 October 2019 50 50 0 November 2019 50 50 0 December 2019 50 50 0 (“Contract Quantity”), which amounts are the sum of the Import Contract Quantitiesa) Planned Outages: Seller shall is obligated to meet the Tariff obligations with respect to securing approvals from CAISO. Seller’s obligation to deliver to Buyer all Capacity Attributes associated with the Contract Quantity for each any Showing Month consistent with may be reduced at Seller’s option if any portion of the following: Seller shall, on Unit is scheduled for a timely basis, submit, or cause each Import Resource’s SC to submit, Supply Plans, using the Contract Log Number listed in Appendix A, to identify and confirm the Import Contract Quantity to be provided to Buyer from each Import Resource for each Showing Month so that the total amount of Import Contract Quantity identified and confirmed for such Showing Month equals the Contract Quantity, and; No later than fifteen (15) Business Days before CAISO-approved Planned Outage during the applicable Compliance Showing deadlines for each Showing Month; provided, Seller shall cause each Unit’s SC to submit Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Month in a format and to a platform as communicated by Buyer Notice to Seller prior to the Compliance Showing. Following ▇▇▇▇▇’s receipt of Seller’s Notice and proposed Supply Plannotifies Buyer, Buyer may Notify Seller no later than ten (10) Business Days before the applicable Compliance Showing relevant deadlines for each the corresponding RAR Showings, LAR Showings, and/or FCR Showings applicable to that Showing Month, of the amount of Product from the Unit Buyer is permitted to include in Buyer’s RAR Showings, LAR Showings and/or FCR Showings applicable to that month as a result of such Planned Outage. If Seller is unable to provide the applicable Contract Quantity for a Showing Month because of a Planned Outage of a Unit, Seller has the option, but not the obligation, to provide Product for such Showing Month from Replacement Units, provided, Seller provides and identifies such Replacement Units in accordance with Section 4.5. If Seller chooses not to provide Product from Replacement Units and a Unit is on a Planned Outage for the applicable Showing Month, then, the Contract Quantity shall be revised in accordance with any changes applicable adjustments stipulated by the CPUC Filing Guide or CAISO Tariff in effect for the applicable Showing Month in which the Planned Outage occurs. (b) Reductions in Unit NQC: If Product is both (i) Generic RA Product, and (ii) Contingent Firm RA Product specified under Section 3.4, then Seller’s obligation to deliver the Supply Plan and Seller shall implement applicable Contract Quantity for any such changes Showing Month may also be reduced if the Unit experiences a reduction in the Supply Plan to be submitted to Unit NQC as determined by the CAISO. In Seller’s potential reduction in Contract Quantity for each remaining Showing Month shall equal the event product of (a) the applicable Showing Month Contract Quantity and (b) the total amount (in MW) Unit NQC was reduced since Confirmation Effective Date, divided by (c) Unit NQC as of the Confirmation Effective Date. If the Unit experiences such a reduction in Unit NQC, then Seller has the option, but not the obligation, to provide the applicable Contract Quantity for such Showing Month from (i) the same Unit, provided the Unit has sufficient remaining and available Product and/or (ii) from Replacement Units, provided, that ▇▇▇▇▇ does not Notify in each case Seller provides and identifies such Replacement Units in accordance with Section 4.5. (c) If Product is both (i) Flexible RA Product specified under Section 3.2, and (ii) Contingent Firm RA Product specified under Section 3.4, then Seller’s obligation to deliver the applicable Contract Quantity of Product for any changes to Showing Month may also be reduced if the proposed Supply Plan, Seller may submit the proposed Supply Plan to Unit experiences a reduction in Unit EFC as determined by the CAISO. Seller’s potential reduction in Contract Quantity for each remaining Showing Month shall equal the product of (a) the applicable Showing Month Contract Quantity and (b) the total amount (in MW) Unit EFC was reduced since Confirmation Effective Date, and; In divided by (c) Unit EFC as of the event Confirmation Effective Date. If the Buyer is unable to receive credit for Unit experiences such a reduction in Unit EFC, then Seller has the Capacity Attributes from option, but not the Import Resources due to a deficiency associated with Buyer’s Remaining Import Capability based upon notice provided by CAISO as to the discrepancies between the submitted Supply Plans and Compliance Showingobligation, Seller shall have no obligation to provide the applicable Contract Quantity for such Showing Month from (i) the same Unit, provided the Unit has sufficient remaining and available Product and/or (ii) from Replacement Capacity under Units, provided, that in each case Seller provides and identifies such Replacement Units in accordance with Section 5.1 and shall be deemed to have delivered the Contract Quantity4.5.