Common use of Power Generation Clause in Contracts

Power Generation. The maximum bonus or liquidated damages ---------------- capable of being earned by or assessed against Operator in the Power Generation category of the AFAA in any Project Year shall be Fifty Thousand and 00/100 Dollars ($50,000.00). To determine the amount of bonus or liquidated damages attributable to such category, a calculation will be made to determine the Power Generation Factor (as defined hereinbelow) for a Project Year. Subject to the Fifty Thousand and 00/100 Dollars ($50,000.00) limitation, if the Power Generation Factor is greater than or equal to ninety-five percent (95%), Operator shall be entitled to a bonus under the Power Generation category of the AFAA calculated in accordance with the following formula: Bonus = $25,000 + [(PGF - .95) x $833,333] For a given Project Year, if the Power Generation Factor is less than ninety-five percent (95%), but not less than ninety-two and one-half percent (92.50%), the AFAA for the Power Generation category for such Project Year shall be zero. Subject to the Fifty Thousand and 00/100 Dollars ($50,000.00) limitation, if the Power Generation Factor is less than ninety-two and one-half percent (92.50%), Operator shall be assessed liquidated damages under the Power Generation category of the AFAA calculated in accordance with the following formula: Liquidated Damages = $25,000 + [(.925 - PGF) X $833,333)] For purposes of the foregoing calculations, the following definitions shall apply:

Power Generation. The maximum bonus or liquidated damages ---------------- capable of being earned by or assessed against Operator in the Power Generation category of the AFAA in any Project Year shall be Fifty Twenty-Five Thousand and 00/100 Dollars ($50,000.0025,000.00). To determine the amount of bonus or liquidated damages attributable to such category, a calculation will be made to determine the Power Generation Factor (as defined hereinbelowherein below) for a Project Year. Subject to the Fifty Twenty-Five Thousand and 00/100 Dollars ($50,000.0025,000.00) limitation, if the Power Generation Factor is greater than or equal to ninety-five percent (95%), Operator shall be entitled to a bonus under the Power Generation category of the AFAA calculated in accordance with the following formula: Bonus = $25,000 12,500 + [(PGF - .95) x $833,333416,667] For a given Project Year, if the Power Generation Factor is less than ninety-five percent (95%), but not less than ninety-two and one-half percent (92.50%), the AFAA for the Power Generation category for such Project Year shall be zero. Subject to the Fifty Twenty-Five Thousand and 00/100 Dollars ($50,000.0025,000.00) limitation, if the Power Generation Factor is less than ninety-two and one-half percent (92.50%), Operator shall be assessed liquidated damages under the Power Generation category of the AFAA calculated in accordance with the following formula: Liquidated Damages = $25,000 12,500 + [(.925 - PGF) X $833,333416,667)] For purposes of the foregoing calculations, the following definitions shall apply:

Power Generation. The maximum bonus or liquidated damages ---------------- capable of being earned by or assessed against Operator in the Power Generation category of the AFAA in any Project Year shall be Fifty Twenty-Five Thousand and 00/100 Dollars ($50,000.0025,000.00). To determine the amount of bonus or liquidated damages attributable to such category, a calculation will be made to determine the Power Generation Factor (as defined hereinbelow) for a Project Year. Subject to the Fifty Twenty-Five Thousand and 00/100 Dollars ($50,000.0025,000.00) limitation, if the Power Generation Factor is greater than or equal to ninety-five percent (95%), Operator shall be entitled to a bonus under the Power Generation category of the AFAA calculated in accordance with With the following formula: Bonus = $25,000 12,500 + [(PGF - .95) x $833,333416,667] For a given Project Year, if the Power Generation Factor is less than ninety-five percent (95%), but not less than ninety-two and one-half percent (92.50%), the AFAA for the Power Generation category for such Project Year shall be zero. Subject to the Fifty Twenty-Five Thousand and 00/100 Dollars ($50,000.0025,000.00) limitation, if the Power Generation Factor is less than ninety-two and one-half percent (92.50%), Operator shall be assessed liquidated damages under the Power Generation category of the AFAA calculated in accordance with the following formula: Liquidated Damages = $25,000 12,500 + [(.925 - PGF) X $833,333416,667)] For purposes of the foregoing calculations, the following definitions shall apply: