2Energy; Efficiency Rate. Buyer shall have the exclusive right to the Charging Energy Capacity and Discharging Energy Capacity of the Project. Subject to the terms and conditions of this Agreement, Seller commits to make the Project available to accept Charging Energy and to deliver any and all Stored Energy of the Project to Buyer, and Buyer shall have the exclusive rights to schedule Charging Energy to the Project and receive any and all Stored Energy of the Project, subject to the Operating Restrictions set forth in Appendix 1.1 and Availability Notices provided in accordance with Section 18.1, including pursuant to a forward schedule or a Supplemental Energy instruction from CAISO. The actual Round-Trip Efficiency Rate of the Project will be determined upon the completion of the Commercial Operation Test for the Project and from time to time in accordance with the testing procedures of Section 7.4. Such test will demonstrate the Tested Round-Trip Efficiency Rate of the Project applicable from and after the completion of such test. [Note to Bidders: Station use to be served separately.]
