Common use of Cost and Revenue Clause in Contracts

Cost and Revenue. Buyer shall bear all fuel costs, for tests and receive all revenues from the sale of such Energy generated during the tests. The hours of operation during such test shall not be counted towards the annual limits on operating hours that Buyer may dispatch. With respect to re-tests requested by Buyer, Buyer shall bear all costs, including fuel costs, for tests and receive all revenues from the sale of such Energy generated during the tests. The hours of operation during such test shall not be counted towards the annual limits on operating hours that Buyer may dispatch. DIVISION OF GENERATOR OPERATOR (GOP) AND [FORM OF] CONFIDENTIALITY AGREEMENT This CONFIDENTIALITY AGREEMENT (this “Agreement”) is dated as of [______________], (the “Effective Date”) and is by and among Calpine Corporation (the “Calpine”), Calpine Energy Services, L.P. (“CES”; together, Calpine and CES are the “Calpine Parties”) and the California Department of Water Resources, acting solely under the authority and powers created by California Assembly B▇▇▇ 1 from the First Extraordinary Session of 2000-2001, codified in Sections 80000 through 80270 of the California Water Code (“CERS”). The Calpine Parties and CERS are sometimes collectively referred to herein as the “Parties” and individually as a “Party.”