Common use of Modification of Special Conditions Clause in Contracts

Modification of Special Conditions. (a) If the Contract Capacity or a DER Contract Capacity, each as set forth in Section 1.01(h) is greater than the Demonstrated Contract Capacity or the applicable DER Demonstrated Contract Capacity, respectively, then:‌ (i) The Contract Capacity or DER Contract Capacity, as applicable, will be reduced to an amount equal to the Demonstrated Contract Capacity or the applicable DER Demonstrated Contract Capacity; (ii) The Expected Annual Net Energy Production will be recalculated using such adjusted Contract Capacity; and (iii) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.03 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller. (b) If the Installed DC Rating or the DER Installed DC Rating, each as set forth in Section 1.01(i) is greater than the Demonstrated Installed DC Rating or the DER Demonstrated Installed DC Rating, respectively, (i) The Installed DC Rating or the DER Installed DC Rating, as applicable, will be reduced to an amount equal to the Demonstrated Installed DC Rating or the DER Demonstrated Installed DC Rating, as applicable; (ii) The Expected Annual Net Energy Production will be recalculated using such adjusted Installed DC Rating; and (iii) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.03 will be recalculated using such adjusted Installed DC Rating, and any amount of Performance Assurance in excess of that required for the adjusted Installed DC Rating will be returned to Seller. (c) Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity in excess of the Demonstrated Installed DC Rating, the DER Demonstrated Installed DC Rating, the Demonstrated Contract Capacity, or the DER Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section 3.06(d).”. 20. Section 3.06(g) is deleted and replaced with the following: “Subject to Section 8.02(c)(i) and the Commercial Operation Date occurring on or before the Commercial Operation Deadline or any extended Commercial Operation Deadline as provided in this Agreement, if Seller demonstrates the full [Installed DC Rating specified in Section 1.01(i) and the full DER Installed DC Rating for each Distributed Energy Resource specified in Section 1.01(i)] {SCE Comment: For Solar Photovoltaic} [Contract Capacity specified in Section 1.01(h) and the DER Contract Capacity for each Distributed Energy Resource specified in Section 1.01(h)] {SCE Comment: For all technologies except Solar Photovoltaic}, in accordance with the procedure set forth in Exhibit J; then SCE shall return the full Development Security.”. 21. Section 3.07(a)(ii) is amended to delete the parenthetical “(calculated in accordance with Exhibit K)”. 22. Section 3.08 is deleted and replaced with the following:

Modification of Special Conditions. (a) If the Contract Capacity or a DER Contract Capacity, each as set forth in Section 1.01(h) is greater than the Demonstrated Contract Capacity or the applicable DER Demonstrated Contract Capacity, respectively, then:‌then: (i) The Contract Capacity or DER Contract Capacity, as applicable, will be reduced to an amount equal to the Demonstrated Contract Capacity or the applicable DER Demonstrated Contract Capacity; (ii) The Expected Annual Net Energy Production will be recalculated using such adjusted Contract Capacity; and (iii) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.03 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller. (b) If the Installed DC Rating or the DER Installed DC Rating, each as set forth in Section 1.01(i) is greater than the Demonstrated Installed DC Rating or the DER Demonstrated Installed DC Rating, respectively, (i) The Installed DC Rating or the DER Installed DC Rating, as applicable, will be reduced to an amount equal to the Demonstrated Installed DC Rating or the DER Demonstrated Installed DC Rating, as applicable; (ii) The Expected Annual Net Energy Production will be recalculated using such adjusted Installed DC Rating; and (iii) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.03 will be recalculated using such adjusted Installed DC Rating, and any amount of Performance Assurance in excess of that required for the adjusted Installed DC Rating will be returned to Seller. (c) Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity in excess of the Demonstrated Installed DC Rating, the DER Demonstrated Installed DC Rating, the Demonstrated Contract Capacity, or the DER Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section 3.06(d).”. 20. Section 3.06(g) is deleted and replaced with the following: “Subject to Section 8.02(c)(i) and the Commercial Operation Date occurring on or before the Commercial Operation Deadline or any extended Commercial Operation Deadline as provided in this Agreement, if Seller demonstrates the full [Installed DC Rating specified in Section 1.01(i) and the full DER Installed DC Rating for each Distributed Energy Resource specified in Section 1.01(i)] {SCE Comment: For Solar Photovoltaic} [Contract Capacity specified in Section 1.01(h) and the DER Contract Capacity for each Distributed Energy Resource specified in Section 1.01(h)] {SCE Comment: For all technologies except Solar Photovoltaic}, in accordance with the procedure set forth in Exhibit J; then SCE shall return the full Development Security.”. 21. Section 3.07(a)(ii) is amended to delete the parenthetical “(calculated in accordance with Exhibit K)”. 22. Section 3.08 is deleted and replaced with the following: