Common use of Lump Sum Payment Clause in Contracts

Lump Sum Payment. Commencing on the Commercial Operations Date, Company shall pay to Seller a monthly Lump Sum Payment as provided in Section 2 (Lump Sum Payment for Purchase of Dispatchability) of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. As more fully set forth in Section 3 (Calculation of Lump Sum Payment) of said Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇), the monthly Lump Sum Payment shall be calculated and adjusted to reflect changes in the estimate of the Facility's Net Energy Potential as such estimate is revised from time to time as more fully set forth in Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement. For purposes of calculating the monthly Lump Sum Payment, the monthly Lump Sum Payment shall be adjusted downward to account for the time the Facility inverter(s) are not available for Company Dispatch because of a Force Majeure condition (i) at the Facility or (ii) that otherwise delays or prevents the Seller from making the Facility inverter(s) in question available for Company Dispatch, as more fully set forth in Section 3.iv of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. Assurance of Capability of Facility to Deliver Net Energy Potential and Availability of ▇▇▇▇.

Lump Sum Payment. Commencing on the Commercial Operations Date, Company shall pay to Seller a monthly Lump Sum Payment as provided in Section 2 (Lump Sum Payment for Purchase of Dispatchability) of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. As more fully set forth in Section 3 (Calculation of Lump Sum Payment) of said Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇), the monthly Lump Sum Payment shall be calculated and adjusted to reflect changes in the estimate of the Facility's Net Energy Potential as such estimate is revised from time to time as more fully set forth in Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement. For purposes of calculating the monthly Lump Sum Payment, the monthly Lump Sum Payment shall be adjusted downward to account for the time the Facility inverter(sWTG(s) are not available for Company Dispatch because of a Force Majeure condition (i) at the Facility or (ii) that otherwise delays or prevents the Seller from making the Facility inverter(sWTG(s) in question available for Company Dispatch, as more fully set forth in Section 3.iv of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. Assurance of Capability of Facility to Deliver Net Energy Potential and Availability of ▇▇▇▇.. Design, Operation and Maintenance to Achieve Required Performance Metrics; Charging of ▇▇▇▇. In order to provide Company with reasonable assurance that, subject to the Renewable Resource Variability, the Facility's Net Energy Potential will be available for Company Dispatch: (i) the Modified Pooled OMC Equipment Availability Factor Performance Metric shall be used to evaluate the availability of the WTGs for dispatch by Company; (ii) the Guaranteed Performance Index ("GPI") Performance Metric shall be used to evaluate the efficiency of the WTGs; (iii) the BOP Efficiency Ratio Performance Metric shall be used to evaluate the efficiency of the BOP; (iv) the ▇▇▇▇ Capacity Performance Metric shall be used to confirm the capability of the ▇▇▇▇ to discharge continuously for four (4) hours at Maximum Rated Output or to discharge continuously for a total energy (MWh) equal to the ▇▇▇▇ Contract Capacity if the test is conducted at less than Maximum Rated Output; (v) the ▇▇▇▇ EAF Performance Metric shall be used to determine whether the ▇▇▇▇ is meeting its expected availability; and (v) the ▇▇▇▇ EFOF Performance Metric shall be used to evaluate whether the ▇▇▇▇ is experiencing excessive unplanned outages. Whenever the WTGs potential output is in excess of the Company Dispatch, the excess energy from the WTGs shall be used to maximize the ▇▇▇▇ State of Charge so long as this does not conflict with the operating parameters of the ▇▇▇▇ set forth in Section 9(d) (Battery Energy Storage System) of Attachment B (Facility Owned by Seller) to this Agreement. Seller shall design, operate and maintain the Facility in a manner consistent with the standard of care reasonably expected of an experienced owner/operator with the desire and financial resources necessary to design, operate and maintain the Facility to achieve the Performance Metrics. The foregoing is without limitation to Seller's other obligations under this Agreement, including the obligation to operate the Facility in accordance with Good Engineering and Operating Practices. The Performance Metrics set forth in Section 2.5 (Modified Pooled OMC Equipment Availability Factor; Liquidated Damages; Termination Rights) through Section 2.10 (▇▇▇▇ Annual Equivalent Forced Outage Factor; Liquidated Damages) of this Agreement shall be interpreted consistent with the North American Electric Reliability Corporation Generating Availability Data System ("NERC GADS") Data Reporting Instructions. [Reserved]

Lump Sum Payment. Commencing on the Commercial Operations Date, Company shall pay to Seller a monthly Lump Sum Payment as provided in Section 2 (Lump Sum Payment for Purchase of Dispatchability) of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. As more fully set forth in Section 3 (Calculation of Lump Sum Payment) of said Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇), the monthly Lump Sum Payment shall be calculated and adjusted to reflect changes in the estimate of the Facility's Net Energy Potential as such estimate is revised from time to time as more fully set forth in Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement. For purposes of calculating the monthly Lump Sum Payment, the monthly Lump Sum Payment shall be adjusted downward to account for the time the Facility inverter(sWTG(s) are not available for Company Dispatch because of a Force Majeure condition (i) at the Facility or (ii) that otherwise delays or prevents the Seller from making the Facility inverter(sWTG(s) in question available for Company Dispatch, as more fully set forth in Section 3.iv of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. Assurance of Capability of Facility to Deliver Net Energy Potential and Availability of ▇▇▇▇.. Design, Operation and Maintenance to Achieve Required Performance Metrics; Charging of ▇▇▇▇. In order to provide Company with reasonable assurance that, subject to the Renewable Resource Variability, the Facility's Net Energy Potential will be available for Company Dispatch: (i) the Modified Pooled OMC Equipment Availability Factor Performance Metric shall be used to evaluate the availability of the WTGs for dispatch by Company; (ii) the Guaranteed Performance Index ("GPI") Performance Metric shall be used to evaluate the efficiency of the WTGs; (iii) the BOP Efficiency Ratio Performance Metric shall be used to evaluate the efficiency of the BOP; (iv) the ▇▇▇▇ Capacity Performance Metric shall be used to confirm the capability of the ▇▇▇▇ to discharge continuously for four (4) hours at Maximum Rated Output or to discharge continuously for a total energy (MWh) equal to the ▇▇▇▇ Contract Capacity if the test is conducted at less than Maximum Rated Output; (v) the ▇▇▇▇ EAF Performance Metric shall be used to determine whether the ▇▇▇▇ is meeting its expected availability; and (v) the ▇▇▇▇ EFOF Performance Metric shall be used to evaluate whether the ▇▇▇▇ is experiencing excessive unplanned outages; (vi) the RTE Performance Metric shall be used to evaluate the storage efficiency of the ▇▇▇▇; and (vii) the Fast Frequency Response Performance Metric shall be used to measure if the Facility frequency response to Company System frequency is acceptable, consistent with the required Fast Frequency Response and mutually agreed tuning parameters [DRAFTING NOTE: Subject to removal per Section 2.12 drafting note]. Whenever the WTGs potential output is in excess of the Company Dispatch, the excess energy from the WTGs shall be used to maximize the ▇▇▇▇ State of Charge so long as this does not conflict with the operating parameters of the ▇▇▇▇ set forth in Section 9(d) (Battery Energy Storage System) of Attachment B (Facility Owned by Seller) to this Agreement. Seller shall design, operate and maintain the Facility in a manner consistent with the standard of care reasonably expected of an experienced owner/operator with the desire and financial resources necessary to design, operate and maintain the Facility to achieve the Performance Metrics. The foregoing is without limitation to Seller's other obligations under this Agreement, including the obligation to operate the Facility in accordance with Good Engineering and Operating Practices. The Performance Metrics set forth in Section 2.5 (Modified Pooled OMC Equipment Availability Factor; Liquidated Damages; Termination Rights) through Section 2.12 (Fast Frequency Response Performance Metric) [DRAFTING NOTE: Subject to removal per Section 2.12 drafting note] of this Agreement shall be interpreted consistent with the North American Electric Reliability Corporation Generating Availability Data System ("NERC GADS") Data Reporting Instructions. [Reserved]

Lump Sum Payment. Commencing on the Commercial Operations Date, Company shall pay to Seller make a monthly Lump Sum Payment as provided in Section 2 (Lump Sum Payment for Purchase of Dispatchability) of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. As more fully set forth in Section 3 (Calculation of Lump Sum Payment) of said Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇), the monthly Lump Sum Payment shall be calculated and adjusted to reflect changes in the estimate of the Facility's Net Energy Potential as such estimate is revised from time to time as more fully set forth in Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement. For purposes of calculating the monthly Lump Sum Payment, the monthly Lump Sum Payment shall be adjusted downward to account for the time the Facility PV Systems inverter(s) are not available for Company Dispatch because of a Force Majeure condition (i) at the Facility or (ii) that otherwise delays or prevents the Seller Subscriber Organization from making the Facility inverter(s) in question available for Company Dispatch, as more fully set forth in Section 3.iv of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. Assurance of Capability of Facility to Deliver Net Energy Potential and Availability of ▇▇▇▇.

Lump Sum Payment. Commencing on the Commercial Operations Date, Company shall pay to Seller a monthly Lump Sum Payment as provided in Section 2 (Lump Sum Payment for Purchase of Dispatchability) of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. As more fully set forth in Section 3 (Calculation of Lump Sum Payment) of said Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇), the monthly Lump Sum Payment shall be calculated and adjusted to reflect changes in the estimate of the Facility's Net Energy Potential as such estimate is revised from time to time as more fully set forth in Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement. For purposes of calculating the monthly Lump Sum Payment, the monthly Lump Sum Payment shall be adjusted downward to account for the time the Facility inverter(sWTG(s) are not available for Company Dispatch because of a Force Majeure condition (i) at the Facility or (ii) that otherwise delays or prevents the Seller from making the Facility inverter(sWTG(s) in question available for Company Dispatch, as more fully set forth in Section 3.iv of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. Assurance of Capability of Facility to Deliver Net Energy Potential and Availability of ▇▇▇▇.. Design, Operation and Maintenance to Achieve Required Performance Metrics; Charging of ▇▇▇▇. In order to provide Company with reasonable assurance that, subject to the Renewable Resource Variability, the Facility's Net Energy Potential will be available for Company Dispatch: (i) the Modified Pooled OMC Equipment Availability Factor Performance Metric shall be used to evaluate the availability of the WTGs for dispatch by Company; (ii) the Guaranteed Performance Index ("GPI") Performance Metric shall be used to evaluate the efficiency of the WTGs; (iii) the BOP Efficiency Ratio Performance Metric shall be used to evaluate the efficiency of the BOP; (iv) the ▇▇▇▇ Capacity Performance Metric shall be used to confirm the capability of the ▇▇▇▇ to discharge continuously for six (6) hours at Maximum Rated Output or to discharge continuously for a total energy (MWh) equal to the ▇▇▇▇ Contract Capacity if the test is conducted at less than Maximum Rated Output; (v) the ▇▇▇▇ EAF Performance Metric shall be used to determine whether the ▇▇▇▇ is meeting its expected availability; and (v) the ▇▇▇▇ EFOF Performance Metric shall be used to evaluate whether the ▇▇▇▇ is experiencing excessive unplanned outages. Whenever the WTGs potential output is in excess of the Company Dispatch, the excess energy from the WTGs shall be used to maximize the ▇▇▇▇ State of Charge so long as this does not conflict with the operating parameters of the ▇▇▇▇ set forth in Section 9(d) (Battery Energy Storage System) of Attachment B (Facility Owned by Seller) to this Agreement. Seller shall design, operate and maintain the Facility in a manner consistent with the standard of care reasonably expected of an experienced owner/operator with the desire and financial resources necessary to design, operate and maintain the Facility to achieve the Performance Metrics. The foregoing is without limitation to Seller's other obligations under this Agreement, including the obligation to operate the Facility in accordance with Good Engineering and Operating Practices. The Performance Metrics set forth in Section 2.5 (Modified Pooled OMC Equipment Availability Factor; Liquidated Damages; Termination Rights) through Section 2.10 (▇▇▇▇ Annual Equivalent Forced Outage Factor; Liquidated Damages) of this Agreement shall be interpreted consistent with the North American Electric Reliability Corporation Generating Availability Data System ("NERC GADS") Data Reporting Instructions. [Reserved]

Lump Sum Payment. Commencing on the Commercial Operations Date, Company shall pay to Seller a monthly Lump Sum Payment as provided in Section 2 (Lump Sum Payment for Purchase of Dispatchability) of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. As more fully set forth in Section 3 (Calculation of Lump Sum Payment) of said Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇), the monthly Lump Sum Payment shall be calculated and adjusted to reflect changes in the estimate of the Facility's Net Energy Potential as such estimate is revised from time to time as more fully set forth in Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement. For purposes of calculating the monthly Lump Sum Payment, the monthly Lump Sum Payment shall be adjusted downward to account for the time the Facility inverter(s) are or any portion of the Facility is not available for Company Dispatch because of a Force Majeure condition (i) at the Facility or (ii) that otherwise delays or prevents the Seller from making the Facility inverter(s) in question or any portion of the Facility available for Company Dispatch, as more fully set forth in Section 3.iv of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. Assurance of Capability of Facility to Deliver Net Energy Potential and Availability of ▇▇▇▇.

Lump Sum Payment. Commencing on the Commercial Operations Date, Company shall pay to Seller a monthly Lump Sum Payment as provided in Section 2 (Lump Sum Payment for Purchase of Dispatchability) of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. As more fully set forth in Section 3 (Calculation of Lump Sum Payment) of said Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇), the monthly Lump Sum Payment shall be calculated and adjusted to reflect changes in the estimate of the Facility's Net Energy Potential as such estimate is revised from time to time as more fully set forth in Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement. For purposes of calculating the monthly Lump Sum Payment, the monthly Lump Sum Payment shall be adjusted downward to account for the time the Facility FacilityPV System inverter(s) are not available for Company Dispatch because of a Force Majeure condition (i) at the Facility or (ii) that otherwise delays or prevents the Seller from making the Facility inverter(s) in question available for Company Dispatch, as more fully set forth in Section 3.iv of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. (a) (b) Allocation of Portion of Lump Sum Payment to Facility's CBRE Program. Assurance For purposes of Capability (i) calculating Bill Credits, (ii) allocating payment responsibilities for Performance Metrics LDs and (ii) calculating payment reductions to Seller and possible liquidated damages if Seller fails to achieve one or more of Facility to Deliver Net Energy Potential the CBRE Subscriber Thresholds, the Lump Sum Payment, as calculated and Availability adjusted as set forth in Section 2.3(a) (Calculation and Adjustment of ▇▇▇▇Lump Sum Payment) immediately above, consists of two components: the CBRE LSP Portion and the Non-CBRE LSP Portion.

Lump Sum Payment. Commencing on the Commercial Operations Date, Company shall pay to Seller a monthly Lump Sum Payment as provided in Section 2 (Lump Sum Payment for Purchase of DispatchabilityPayment) of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. As more fully set forth in Section 3 (Calculation of Lump Sum Payment) of said Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇), the monthly Lump Sum Payment shall be calculated and adjusted to reflect changes in the estimate of the Facility's Net Energy Potential as such estimate is revised from time to time as more fully set forth in Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement. For purposes of calculating the monthly Lump Sum Payment, the monthly Lump Sum Payment shall be adjusted downward to account for the time the Facility inverter(s) are or any portion of the Facility is not available for Company Dispatch because of a Force Majeure condition (i) at the Facility or (ii) that otherwise delays or prevents the Seller from making the Facility inverter(s) in question or any portion of the Facility available for Company Dispatch, as more fully set forth in Section 3.iv of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. Assurance of Capability of Facility to Deliver Net Energy Potential and Availability of ▇▇▇▇.

Lump Sum Payment. Commencing on the Commercial Operations Date, Company shall pay to Seller make a monthly Lump Sum Payment as provided in Section 2 (Lump Sum Payment for Purchase of Dispatchability) of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. As more fully set forth in Section 3 (Calculation of Lump Sum Payment) of said Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇), the monthly Lump Sum Payment shall be calculated and adjusted to reflect changes in the estimate of the Facility's Net Energy Potential as such estimate is revised from time to time as more fully set forth in Attachment U (Calculation and Adjustment of Net Energy Potential) to this Agreement. For purposes of calculating the monthly Lump Sum Payment, the monthly Lump Sum Payment shall be adjusted downward to account for the time the Facility PV Systems inverter(s) are not available for Company Dispatch because of a Force Majeure condition (i) at the Facility or (ii) that otherwise delays or prevents the Seller Subscriber Organization from making the Facility inverter(s) in question available for Company Dispatch, as more fully set forth in Section 3.iv of Attachment J (Company Payments for Energy, Dispatchability and Availability of ▇▇▇▇) to this Agreement. Assurance of Capability of Facility to Deliver Net Energy Potential and Availability of ▇▇▇▇.