Common use of DELIVERY OF POWER Clause in Contracts

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on January 1, 2013 (“Initial Delivery Date”) and continuing through the term of this Agreement, Seller shall sell and PacifiCorp shall purchase the Delivered Energy from the Facility at the Point of Delivery as more particularly described in Section 4.2 hereto. 4.2 Commencing on the Initial Delivery Date, Seller shall have the option, but not the obligation, to provide and deliver Net Output to PacifiCorp at the Point of Delivery, on a non- firm basis, during all hours, HE0100 through HE2400 Mountain Prevailing Time (“MPT”), Monday through Sunday, from the Facility (the amount of energy that Seller actually delivers to PacifiCorp from the Facility, not to exceed 31.8MW, shall be referred to herein as the (“Delivered Energy”)). Seller shall not deliver Delivered Energy at a rate exceeding the Nameplate Capacity Rating on an hour average basis. PacifiCorp shall take all Delivered Energy at the Point of Delivery. 4.3 Seller shall not make any sales of any portion of the Net Output to parties other than PacifiCorp through the term of this Agreement. However, Seller may elect to offset its own power usage instead of selling to PacifiCorp under this Agreement, and the Net Output shall be reduced by the amount of energy and capacity self supplied. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except with the written consent of PacifiCorp, provided that, in the event that Seller desires to increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate this Agreement whereupon Seller shall have no further obligation to PacifiCorp hereunder and shall have no liability to PacifiCorp for any costs or losses or liabilities related to the termination of this Agreement. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's interconnection facilities or electric system occasioned by or related to the interconnection of the Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate Capacity Rating from the Facility, shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on January 1, 2013 (“Initial Delivery Date”) the Effective Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp shall purchase a portion of the Delivered Energy Net Output from the QF Facility at the Point of Delivery as more particularly described in Section 4.2 hereto. 4.2 Commencing on the Initial Delivery Date, Seller shall have the option, but not the obligation, to provide and deliver Net Output to PacifiCorp at the Point of DeliveryDelivery the Net Output of the Facility, on a non- in the form of non-firm basis, energy available during all hours, HE0100 any hours HE 0100 through HE2400 Mountain Prevailing Time (“HE 2400 MPT”), Monday through Sunday, from the QF Facility (the amount of energy that Seller actually delivers to PacifiCorp from the QF Facility, not to exceed 31.8MWwhether more or less than 36,000 kW per hour, shall be referred to herein as the (“Delivered Energy”)). Seller shall not deliver Delivered Energy at a rate exceeding the Nameplate Capacity Rating on an hour average basis. PacifiCorp shall take all and pay for the Delivered Energy at the Point of Delivery. 4.3 Delivery subject to the pricing provisions of Section 5. Seller shall not make have the right at any sales of time to utilize all or any portion of the Net Output of the QF Facility in its Production Facilities, including during times when PacifiCorp has provided a notice of interruption for electricity supplied for Seller’s Production Facilities. In the event Seller chooses to parties utilize all or a portion of its Net Output in its Production Facilities or otherwise, except as provided below, Seller shall provide a minimum one-hour advance notice to PacifiCorp of such intent; provided, however, that in the event of any curtailment or interruption under Article IV of the Electric Service Agreement dated November 23, 2004 between the Parties or an interruption under the Operating Reserves Agreement dated November 23, 2004 between the Parties, Seller shall be deemed to have elected to utilize all of the Net Output of the Facility in its Production Facilities and no notice is required. The notice shall be by email, fax or phone and in such form as PacifiCorp may reasonably request. 4.3 If (a) Seller desires to make an improvement to the QF Facility in a manner that will cause the Delivered Energy of the QF Facility to increase to more than 36 MWh per delivery hour on a continual basis, and (b) Seller provides PacifiCorp with engineering designs, feasibility studies and other than PacifiCorp through information reasonably necessary to document the term of proposed improvement and Seller’s actual intention to make it, the Parties shall negotiate in good faith in an attempt to reach agreement on any appropriate changes to this Agreement. HoweverIn the event this Agreement is modified in accordance with this section, Seller may elect to offset its own power usage instead of selling to PacifiCorp under this Agreement, and the Net Output modified Agreement shall be reduced by the amount of energy and capacity self supplied. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except filed with the written consent of PacifiCorp, provided that, in Commission for approval. In the event that Seller desires the parties are unable to increase reach such agreement, either Party may petition the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate this Agreement whereupon Seller shall have no further obligation to PacifiCorp hereunder and shall have no liability to PacifiCorp Commission for any costs appropriate determination or losses or liabilities related to the termination of this Agreementrelief. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's interconnection facilities or electric system occasioned by or related to the interconnection of the QF Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate Capacity Rating from the Facility, QF Facility shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on January 1, 2013 2012 (“Initial Delivery Date”) and continuing through the term of this Agreement, Seller shall sell and PacifiCorp shall purchase the Delivered Energy from the Facility at the Point of Delivery as more particularly described in Section 4.2 hereto. 4.2 Commencing on the Initial Delivery Date, Seller shall have the option, but not the obligation, to provide and deliver Net Output to PacifiCorp at the Point of Delivery, on a non- firm basis, during all hours, HE0100 through HE2400 Mountain Prevailing Time (“MPT”), Monday through Sunday, from the Facility (the amount of energy that Seller actually delivers to PacifiCorp from the Facility, not to exceed 31.8MW7.54MW, shall be referred to herein as the (“Delivered Energy”)). Seller shall not deliver Delivered Energy at a rate exceeding the Nameplate Capacity Rating on an hour average basis. PacifiCorp shall take all Delivered Energy at the Point of Delivery. 4.3 Seller shall not make any sales of any portion of the Net Output to parties other than PacifiCorp through the term of this Agreement. However, Seller may elect to offset its own power usage instead of selling to PacifiCorp under this Agreement, and the Net Output shall be reduced by the amount of energy and capacity self supplied. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except with the written consent of PacifiCorp, provided that, in the event that Seller desires to increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate this Agreement whereupon Seller shall have no further obligation to PacifiCorp hereunder and shall have no liability to PacifiCorp for any costs or losses or liabilities related to the termination of this Agreement. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's interconnection facilities or electric system occasioned by or related to the interconnection of the Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate Capacity Rating from the Facility, shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on January 1, 2013 (“Initial Delivery Date”) the Commercial Operation Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp shall purchase the Delivered Energy entire Net Output scheduled by PacifiCorp from the Facility at the Point of Delivery as more particularly described in Section 4.2 heretoDelivery. 4.2 Commencing on the Initial Delivery Date, Seller shall have meet an ------ percent ( %) monthly availability factor for Scheduled Deliveries. For the optionpurpose of this section, but not the obligation, to provide and deliver Net Output to PacifiCorp at the Point of Delivery, on a non- firm basis, during all hours, HE0100 through HE2400 Mountain Prevailing Time (“MPT”), Monday through Sunday, Scheduled Maintenance Periods shall be excluded from the Facility (calculation of the amount of energy that Seller actually delivers to PacifiCorp from monthly availability factor, except if the FacilityScheduled Maintenance Period shall extend for a full calendar month or more, not to exceed 31.8MW, the monthly availability factor for such calendar month shall be referred deemed to herein as the (“Delivered Energy”)be ------ ( %). An example of how the availability factor is calculated is attached hereto and made a part hereof as Exhibit K. 4.3 Absent agreement of the parties otherwise, PacifiCorp shall not schedule and Seller shall not deliver Delivered Energy at less than ------ percent ( %) of Net Dependable Capacity during any Scheduled Deliveries, and PacifiCorp shall not schedule and Seller shall not be required to provide more than Facility starts in any calendar day. 4.4 Upon completion of construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As-built Supplement must be reviewed and certified by a rate exceeding Licensed Professional Engineer pursuant to Section 2.3.5 of this Agreement. Seller generally shall design the plant in conformance with the Nameplate Capacity Rating on an hour average basis. PacifiCorp shall take all Delivered Energy at the Point of Delivery. 4.3 Seller shall not make any sales of any portion of the Net Output to parties other than PacifiCorp through the term of this Agreement. However, Seller may elect to offset its own power usage instead of selling to PacifiCorp under this Agreement, and the Net Output shall be reduced by the amount of energy and capacity self supplied. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating through any means includingand will not substantially modify, but not limited to, replacement of, modification ofreplace, or addition of add to existing equipment, except with the written consent of PacifiCorp, provided that, in the event that Seller desires to increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate this Agreement whereupon Seller shall have no further obligation to PacifiCorp hereunder and shall have no liability to PacifiCorp for any costs or losses or liabilities related to the termination of this Agreement. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's ’s interconnection facilities or electric system occasioned by or related to the interconnection of the Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate Net Dependable Capacity Rating from the FacilityFacility to the Point of Delivery, shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on January 1, 2013 (“the Initial Delivery Date”) Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp, and PacifiCorp shall purchase purchase, the Delivered Energy from the Facility at the Point of Delivery as more particularly described in Section 4.2 hereto. 4.2 Commencing on the Initial Delivery Date, Seller shall have the option, but not the obligation, to provide and deliver all or a portion of the Net Output to PacifiCorp at the Point of Delivery, on a non- firm basis, during all hours, HE0100 through HE2400 Mountain Prevailing Time (“MPT”), Monday through Sunday, from the Facility (the . The amount of energy Net Output that Seller actually delivers to PacifiCorp from at the Facility, not to exceed 31.8MW, Point of Delivery shall be referred to herein as the (“Delivered Energy”)). Seller shall not deliver Delivered Energy energy at a rate exceeding the Nameplate Capacity Rating on an hour average basisbasis and such excess energy, if any, shall not constitute Delivered Energy. PacifiCorp may accept energy delivered at a rate exceeding the Nameplate Capacity Rating, but shall not pay for it. PacifiCorp shall take all Delivered Energy at the Point of Delivery. 4.3 Seller shall have no minimum delivery obligation, however Seller shall not make any sales of any portion of the sell Net Output to parties any entity other than PacifiCorp through prior to the term of this Agreementtermination date specified in Section 2.2, supra. However, Seller may elect to offset self supply its own power usage at the same location as the Facility with any portion of Net Output instead of selling such Net Output to PacifiCorp as Delivered Energy under this Agreement. For purposes of this Agreement, and the PacifiCorp shall assume, unless given notice by Seller otherwise, that Seller desires to sell to PacifiCorp only those quantities of Net Output shall be reduced by that exceed Seller’s own power usage at the amount of energy and capacity self suppliedsame location. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of at a rate exceeding the Nameplate Capacity Rating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except with the written consent of PacifiCorp, provided that, in the event that Seller desires to increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate this Agreement whereupon Seller shall have no further obligation to PacifiCorp hereunder and shall have no liability to PacifiCorp for any costs or losses or liabilities related to the termination of this Agreement. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's interconnection facilities or electric system occasioned by or related to the interconnection of the Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate the Net Dependable Capacity Rating from the Facility, shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on January 1, 2013 (“Initial Delivery Date”) the Effective Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp shall purchase the Delivered Energy Net Output from the QF Facility at the Point of Delivery as more particularly described in Section 4.2 hereto. 4.2 Commencing on the Initial Delivery Date, Seller shall have the option, but not the obligation, to provide and deliver Net Output to PacifiCorp at the Point of DeliveryDelivery the Net Output of the Facility, on a non- in the form of non-firm basis, energy available during all hours, HE0100 any hours HE 0100 through HE2400 Mountain Prevailing Time (“HE 2400 MPT”), Monday through Sunday, from the QF Facility (the amount of energy that Seller actually delivers to PacifiCorp from the QF Facility, not to exceed 31.8MWwhether more or less than 30,000 kW per hour, shall be referred to herein as the (“Delivered Energy”)). Seller shall not deliver Delivered Energy at a rate exceeding the Nameplate Capacity Rating on an hour average basis. PacifiCorp shall take all and pay for the Delivered Energy at the Point of DeliveryDelivery subject to the pricing provisions of Section 5. 4.3 If (a) Seller shall not desires to make any sales of any portion an improvement to the QF Facility in a manner that will cause the Delivered Energy of the Net Output QF Facility to parties increase to more than 30 MWh per delivery hour on a continual basis, and (b) Seller provides PacifiCorp with engineering designs, feasibility studies and other than PacifiCorp through information reasonably necessary to document the term of proposed improvement and Seller’s actual intention to make it, the Parties shall negotiate in good faith in an attempt to reach agreement on any appropriate changes to this Agreement. HoweverIn the event this Agreement is modified in accordance with this section, Seller may elect to offset its own power usage instead of selling to PacifiCorp under this Agreement, and the Net Output modified Agreement shall be reduced by the amount of energy and capacity self supplied. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except filed with the written consent of PacifiCorp, provided that, in Commission for approval. In the event that Seller desires the parties are unable to increase reach such agreement, either Party may petition the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate this Agreement whereupon Seller shall have no further obligation to PacifiCorp hereunder and shall have no liability to PacifiCorp Commission for any costs appropriate determination or losses or liabilities related to the termination of this Agreementrelief. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's interconnection facilities or electric system occasioned by or related to the interconnection of the QF Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate Capacity Rating from the Facility, QF Facility shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on January 1, 2013 (“Initial Delivery Date”) the Effective Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp shall purchase the Delivered Energy Net Output from the QF Facility at the Point of Delivery as more particularly described in Section 4.2 hereto. 4.2 Commencing on the Initial Delivery Date, Seller shall have the option, but not the obligation, to provide and deliver Net Output to PacifiCorp at the Point of DeliveryDelivery the Net Output of the Facility, on a non- in the form of non-firm basis, energy available during all hours, HE0100 any hours HE 0100 through HE2400 Mountain Prevailing Time (“HE 2400 MPT”), Monday through Sunday, from the QF Facility (the amount of energy that Seller actually delivers to PacifiCorp from the QF Facility, not to exceed 31.8MWwhether more or less than 18,000 kW per hour, shall be referred to herein as the (“Delivered Energy”)). Seller shall not deliver Delivered Energy at a rate exceeding the Nameplate Capacity Rating on an hour average basis. PacifiCorp shall take all and pay for the Delivered Energy at the Point of DeliveryDelivery subject to the pricing provisions of Section 5. 4.3 If (a) Seller shall not desires to make any sales of any portion an improvement to the QF Facility in a manner that will cause the Delivered Energy of the Net Output QF Facility to parties increase to more than 18 MWh per delivery hour on a continual basis, and (b) Seller provides PacifiCorp with engineering designs, feasibility studies and other than PacifiCorp through information reasonably necessary to document the term of proposed improvement and Seller’s actual intention to make it, the Parties shall negotiate in good faith in an attempt to reach agreement on any appropriate changes to this Agreement. HoweverIn the event this Agreement is modified in accordance with this section, Seller may elect to offset its own power usage instead of selling to PacifiCorp under this Agreement, and the Net Output modified Agreement shall be reduced by the amount of energy and capacity self supplied. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except filed with the written consent of PacifiCorp, provided that, in Commission for approval. In the event that Seller desires the parties are unable to increase reach such agreement, either Party may petition the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate this Agreement whereupon Seller shall have no further obligation to PacifiCorp hereunder and shall have no liability to PacifiCorp Commission for any costs appropriate determination or losses or liabilities related to the termination of this Agreementrelief. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's interconnection facilities or electric system occasioned by or related to the interconnection of the QF Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate Capacity Rating from the Facility, QF Facility shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on January 1, 2013 (“Initial Delivery Date”) the Effective Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp shall purchase a portion of the Delivered Energy Net Output from the QF Facility at the Point of Delivery as more particularly described in Section 4.2 hereto. 4.2 Commencing on the Initial Delivery Date, Seller shall have the option, but not the obligation, to provide and deliver Net Output to PacifiCorp at the Point of DeliveryDelivery the Net Output of the Facility, on a non- in the form of non-firm basis, energy available during all hours, HE0100 any hours HE 0100 through HE2400 Mountain Prevailing Time (“HE 2400 MPT”), Monday through Sunday, from the QF Facility (the amount of energy that Seller actually delivers to PacifiCorp from the QF Facility, not to exceed 31.8MWwhether more or less than 36,000 kW per hour, shall be referred to herein as the (“Delivered Energy”)). Seller shall not deliver Delivered Energy at a rate exceeding the Nameplate Capacity Rating on an hour average basis. PacifiCorp shall take all and pay for the Delivered Energy at the Point of Delivery. 4.3 Delivery subject to the pricing provisions of section 5. Seller shall not make have the right at any sales of time to utilize all or any portion of the Net Output of the QF Facility in its Production Facilities, including during times when PacifiCorp has provided a notice of interruption for electricity supplied for Seller’s Production Facilities. In the event, Seller chooses to parties utilize all or a portion of its Net Output in its Production Facilities, Seller shall provide a minimum one-hour advance notice to PacifiCorp of its intent to utilize all or any portion of the Net Output of the QF Facility in its Production Facilities or otherwise. The notice shall be by email, fax or phone and in such form as PacifiCorp may reasonably request. 4.3 If (a) Seller desires to make an improvement to the QF Facility in a manner that will cause the Actual Hourly Metered Generation Output of the QF Facility to increase to more than 36 MWh per delivery hour on a continual basis, and (b) Seller provides PacifiCorp with engineering designs, feasibility studies and other than PacifiCorp through information reasonably necessary to document the term of proposed improvement and Seller’s actual intention to make it, the Parties shall negotiate in good faith in an attempt to reach agreement on any appropriate changes to this Agreement. However, Seller may elect to offset its own power usage instead of selling to PacifiCorp under this Agreement, and the Net Output shall be reduced by the amount of energy and capacity self supplied. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except with the written consent of PacifiCorp, provided that, in In the event that Seller desires the parties are unable to increase reach such agreement, either Party may petition the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate this Agreement whereupon Seller shall have no further obligation to PacifiCorp hereunder and shall have no liability to PacifiCorp Commission for any costs appropriate determination or losses or liabilities related to the termination of this Agreementrelief. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's interconnection facilities or electric system occasioned by or related to the interconnection of the QF Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate Capacity Rating from the Facility, QF Facility shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing at 00:00:01 a.m. MPT on January 1, 2013 (“Initial Delivery Date”) the Effective Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp shall purchase a portion of the Delivered Energy Net Output from the QF Facility at the Point of Delivery as more particularly described in Section 4.2 hereto. 4.2 Commencing on the Initial Delivery Date, Seller shall have the option, but not the obligation, to provide and deliver Net Output to PacifiCorp at the Point of DeliveryDelivery the Net Output of the Facility, on a non- in the form of non-firm basis, energy available during all hours, HE0100 any hours HE 0100 through HE2400 Mountain Prevailing Time (“HE 2400 MPT”), Monday through Sunday, from the QF Facility (the amount of energy Net Output that Seller actually delivers to PacifiCorp from the QF Facility, not to exceed 31.8MWwhether more or less than 36,000 kW per hour, shall be referred to herein as the (“Delivered Energy”)). Seller shall not deliver Delivered Energy at a rate exceeding the Nameplate Capacity Rating on an hour average basis. PacifiCorp shall take all and pay for the Delivered Energy at the Point of DeliveryDelivery subject to the pricing provisions of Section 5. Seller shall have the right at any time to utilize all or any portion of the Net Output of the QF Facility in its same-site production facilities, including during times when PacifiCorp has provided a notice of interruption for electricity supplied for Seller’s production facilities. In the event Seller chooses to utilize all or a portion of its Net Output in its production facilities, except as provided below, Seller shall provide a minimum one-hour advance notice to PacifiCorp of such intent; provided, however, that in the event of any curtailment or interruption under Article IV of the Electric Service Agreement dated August 17, 2009 between the Parties or an interruption under the Operating Reserves Agreement dated August 17, 2009 between the Parties, Seller shall be deemed to have elected to utilize all of the Net Output of the Facility in its production facilities and no notice is required. The notice shall be by email, fax or phone and in such form as PacifiCorp may reasonably request. 4.3 Seller shall not make any sales of any portion of the Net Output to parties other than PacifiCorp through the term of this Agreement. However, Seller may elect to offset its own power usage instead of selling to PacifiCorp under this Agreement, and the Net Output shall be reduced by the amount of energy and capacity self supplied. 4.4 Seller shall not increase the Nameplate Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Nameplate Capacity Rating through any means including, but not limited to, replacement of, modification of, or addition of existing equipment, except with the written consent of PacifiCorp, provided that, in the event that If (a) Seller desires to increase make an improvement to the Nameplate Capacity Rating above QF Facility in a manner that specified in Exhibit A or increase will cause the ability Delivered Energy of the QF Facility to deliver Net Output increase to more than 36 MWh per delivery hour on a continual basis, and (b) Seller provides PacifiCorp with engineering designs, feasibility studies and other information reasonably necessary to document the proposed improvement and Seller’s actual intention to make it, the Parties shall negotiate in quantities good faith in excess of an attempt to reach agreement on any appropriate changes to this Agreement. In the Nameplate Capacity Rating and PacifiCorp has failed, within ten (10) days of notice of such desire to PacifiCorp by Seller, to give its unqualified written consent thereto, then Seller may, notwithstanding any other provision of the Agreement, immediately terminate event this Agreement whereupon Seller is modified in accordance with this section, the modified Agreement shall have no further obligation be filed with the Commission for approval. In the event the parties are unable to PacifiCorp hereunder and shall have no liability to PacifiCorp reach such agreement, either Party may petition the Commission for any costs appropriate determination or losses or liabilities related to the termination of this Agreementrelief. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's interconnection facilities or electric system occasioned by or related to the interconnection of the QF Facility with PacifiCorp’s system, or any increase in generating capability of the Facility, or any increase of delivery of Nameplate Capacity Rating from the Facility, QF Facility shall be borne by Seller.