Common use of Purchases by Buyer Clause in Contracts

Purchases by Buyer. With respect to each Facility: (a) Prior to the Commercial Operation Date, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Test Energy for the Contract Price set forth in Section 1 of Appendix A. (b) Except as set forth in Section 6.1(e), on and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Facility Energy (other than Excess Energy) and Replacement Energy at the Contract Price set forth in Section 2 of Appendix A. (c) Except as set forth in Section 6.1(e), on and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Excess Energy at the Contract Price set forth in Section 3 of Appendix A. (d) On and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Facility Energy and Replacement Energy that cannot be bid or prescheduled into the CAISO at the Contract Price set forth in Sections 2 and 3 of Appendix A, as applicable. (e) Notwithstanding the provisions of Section 6.1(a) through Section 6.1(d), during the period of time between the Initial Delivery Date and the day that is one (1) day following the date upon which Seller delivers evidence to Buyer that the Facility is CEC Certified (the “Pre-Certification Period”), Buyer shall have the right to retain a portion of any payment to be made to Seller under Sections 6.1(a) through Section 6.1(d) in an amount equal to the difference between (i) the applicable Contract Price, and (ii) SP-15 Price for the respective hours in which Facility Energy was generated. Buyer shall release such retained amount, without interest of any kind, within thirty (30) days following Buyer’s receipt from Seller of the CEC certificate confirming that the Facility is CEC Certified, but only to the extent that Buyer is able to apply the RECs generated by the Facility during the Pre-Certification Period towards compliance with Buyer’s obligations under RPS Law and the requirements of Public Utilities Code Section 399.16(b) (1) to obtain a “portfolio content category 1” eligible resource.

Purchases by Buyer. With respect to each Facility: (a) Prior Subject to the terms of this Agreement, prior to the Commercial Operation Date, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Test Energy for the applicable Contract Price set forth in Section 1 of Appendix A. (b) Except Subject to the terms of this Agreement, and except as set forth in Section 6.1(e6.1(d), on and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Facility Energy (other than Excess Energy) and the Replacement Energy Product at the applicable Contract Price set forth in Section 2 of Appendix A. (c) Except Subject to this Agreement, and except as set forth in Section 6.1(e6.1(d), on and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Excess Energy at the applicable Contract Price set forth in Section 3 of Appendix A. (d) On and after Seller shall use good faith efforts to ensure that the Facility is CEC Certified following the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Facility Energy and Replacement Energy that cannot be bid or prescheduled into the CAISO at the Contract Price set forth in Sections 2 and 3 of Appendix A, as applicable. (e) Notwithstanding the provisions of Section 6.1(a) through Section 6.1(d), during Date. During the period of time between the Initial Delivery Commercial Operation Date and the day that is one (1) day following the date upon which Seller delivers evidence to Buyer that the Facility is CEC Certified (the “Pre-Certification Period”), Buyer shall have the right to retain a portion of any payment to be made to Seller under Sections Section 6.1(a) through and Section 6.1(d6.1(c) in an amount equal to the difference between (i) the applicable Contract Price, and (ii) SP-15 Price for the respective hours in which Facility Energy was generated. Buyer shall release such retained amount, without interest of any kind, within thirty (30) days following Buyer’s receipt from Seller of the CEC certificate confirming that the Facility is CEC Certified, but only to the extent that Buyer is able to apply the RECs generated by the Facility during the Pre-Certification Period towards compliance with Buyer’s obligations under RPS Law Law. (e) If the City of Los Angeles, any other member of Buyer, and/or Buyer enters into a power purchase agreement or power purchase agreements with Seller or Affiliates of Seller before December 31, 2016, with regard to a generating facility that shares the same CAISO queue position as the Facility, the Contract Price under this Agreement for purchases following the Commercial Operation Date shall be adjusted to be the amount set forth in Appendix A-2 for the applicable aggregate capacity (MWAC) under contract with Seller and/or its Affiliates and the requirements Contract Price for Test Energy and Excess Energy shall be an amount equal to the then-current Contract Price multiplied by 60%. By way of Public Utilities Code Section 399.16(b) (1) example, if the City of Los Angeles enters into a power purchase agreement with an Affiliate of Seller for 150MW, the Contract Price payable under this Agreement shall be adjusted to obtain a “portfolio content category 1” eligible resource$52.32 and the price of Test Energy and Excess Energy shall be adjusted to equal $31.39.

Purchases by Buyer. With respect to each Facility: (a) Prior to the Commercial Operation Date, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Test Energy for the Contract Price set forth in Section 1 of Appendix A. (b) Except as set forth in Section 6.1(e), on and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Facility Energy (other than Excess Energy) and Replacement Energy at the Contract Price set forth in Section 2 of Appendix A. (c) Except as set forth in Section 6.1(e), on and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Excess Energy at the Contract Price set forth in Section 3 of Appendix A. (d) On and after the Commercial Operation Date and continuing for the Delivery Term, Seller shall sell and deliver, and Buyer shall purchase and receive, the Products associated with Facility Energy and Replacement Energy that cannot be bid or prescheduled into the CAISO at the Contract Price set forth in Sections 2 and 3 of Appendix A, as applicable. (e) Notwithstanding the provisions of Section 6.1(a) through Section 6.1(d), during the period of time between the Initial Delivery Date and the day that is one (1) day following the date upon which Seller delivers evidence to Buyer that the Facility is CEC Certified (the “Pre-Certification Period”), Buyer shall have the right to retain a portion of any payment to be made to Seller under Sections 6.1(a) through Section 6.1(d) in an amount equal to the difference between (i) the applicable Contract Price, and (ii) SP-15 Price for the respective hours in which Facility Energy was generated. Buyer shall release such retained amount, without interest of any kind, within thirty (30) days following Buyer’s receipt from Seller of the CEC certificate confirming that the Facility is CEC Certified, but only to the extent that Buyer is able to apply the RECs generated by the Facility during the Pre-Certification Period towards compliance with Buyer’s obligations under RPS Law and the requirements of Public Utilities Code Section 399.16(b) (1399.16(b)(1) to obtain a “portfolio content category 1” eligible resource.