Common use of Buyer Provision of Forecasting Services Clause in Contracts

Buyer Provision of Forecasting Services. Seller may request that Buyer perform forecasting services required by this Appendix D if it is reasonably practicable for such forecasting services to be performed by a person or entity other than Seller. Buyer may perform such services directly or retain a third-party to perform such services. Buyer may charge a reasonable fee for any such services, which, in the case Buyer retains a third-party, may include a reasonable administration fee in addition to the fee any such third-party charges Buyer. Seller shall install and maintain a Telemetering System at the Facility, as required by the applicable interconnection tariff. For the avoidance of doubt, Seller must follow all relevant telemetry requirements as set by the CAISO and applicable interconnection tariffs, standards, guidance documents, or as required in an interconnection study or review process. The Telemetering System must be included in the systems engineering tasks as a part of the construction of the Facility, and must be fully functional before Commercial Operation Date. In accordance with the provisions in Section 11.2, GEP Damages means the liquidated damages payment due by Seller to Buyer, calculated on an annual basis for the applicable Performance Measurement Period as follows: [(A-B) × (C-D)] Where: A = the Guaranteed Energy Production for the Performance Measurement Period, in MWh B = Sum of Delivered Energy over the Performance Measurement Period, in MWh C = Replacement price for the Performance Measurement Period, in $/MWh, reflecting the sum of (a) the simple average of the simple average of the Day-Ahead IFM hourly price, as published by the CAISO, for the Existing Zone Generation Trading Hub, in which the Project resides, plus

Buyer Provision of Forecasting Services. Seller may request that Buyer perform forecasting services required by this Appendix D if it is reasonably practicable for such forecasting services to be performed by a person or entity other than Seller. Buyer may perform such services directly or retain a third-party to perform such services. Buyer may charge a reasonable fee for any such services, which, in the case Buyer retains a third-party, may include a reasonable administration fee in addition to the fee any such third-party charges Buyer. APPENDIX E – TELEMETRY REQUIREMENTS ‌ Seller shall install and maintain a Telemetering System at the Facility, as required by the applicable interconnection tariff. For the avoidance of doubt, Seller must follow all relevant telemetry requirements as set by the CAISO and applicable interconnection tariffs, standards, guidance documents, or as required in an interconnection study or review process. The Telemetering System must be included in the systems engineering tasks as a part of the construction of the Facility, and must be fully functional before Commercial Operation Date. In accordance with the provisions in Section 11.2, GEP Damages means the liquidated damages payment due by Seller to Buyer, calculated on an annual basis for the applicable Performance Measurement Period as follows: [(A-B) × (C-D)] Where: A = the Guaranteed Energy Production for the Performance Measurement Period, in MWh B = Sum of Delivered Energy over the Performance Measurement Period, in MWh C = Replacement price for the Performance Measurement Period, in $/MWh, reflecting the sum of (a) the simple average of the simple average of the Day-Ahead IFM hourly price, as published by the CAISO, for the Existing Zone Generation Trading Hub, in which the Project resides, plus

Buyer Provision of Forecasting Services. Seller may request that Buyer perform forecasting services required by this Appendix D if it is reasonably practicable for such forecasting services to be performed by a person or entity other than Seller. Buyer may perform such services directly or retain a third-party to perform such services. Buyer may charge a reasonable fee for any such services, which, in the case Buyer retains a third-party, may include a reasonable administration fee in addition to the fee any such third-party charges Buyer. Seller shall install and maintain a Telemetering System at the Facility, as required by . [Applicable to all Facilities] Notwithstanding the applicable interconnection tariff. For the avoidance of doubtforegoing, Seller must follow all relevant telemetry requirements as set shall not be required to install a data processing gateway and, if directed by the CAISO and applicable interconnection tariffsXxxxx, standards, guidance documents, or as required Seller shall participate in an interconnection study or review process. The Buyer’s aggregated Telemetering System (“Aggregated Telemetering System”). In no event shall the Aggregated Telemetering System Installation Costs exceed Twenty Thousand dollars ($20,000.00) (the “Aggregated Telemetering Cost Cap”); provided that if the Aggregated Telemetering System Installation Costs exceed the Aggregated Telemetering Cost Cap then Buyer shall have the right, but not the obligation, in its sole discretion, to agree to pay for such costs in excess of the Aggregated Telemetering Cost Cap. To the extent requested by Xxxxx, Seller shall provide evidence of the Aggregated Telemetering System Installation Costs satisfactory to Buyer. [Only applicable if Facility is less than 0.5 MW] The above-mentioned connections and data transfer must be included in the systems engineering tasks as a part of the construction of the Facility, and must be fully functional before Commercial Operation Date. In accordance with the provisions in Section 11.2, GEP Damages means the liquidated damages payment due by Seller to Buyer, calculated on an annual basis for the applicable Performance Measurement Period as follows: [(A-B) × (C-D)] Where: A = the Guaranteed Energy Production for the Performance Measurement Period, in MWh B = Sum of Delivered Energy over the Performance Measurement Period, in MWh C = Replacement price for the Performance Measurement Period, in $/MWh, reflecting the sum of (a) the simple average of the simple average of the Day-Ahead IFM hourly price, as published by the CAISO, for the Existing Zone Generation Trading Hub, in which the Project resides, plus

Buyer Provision of Forecasting Services. Seller may request that Buyer perform forecasting services required by this Appendix D if it is reasonably practicable for such forecasting services to be performed by a person or entity other than Seller. Buyer may perform such services directly or retain a third-party to perform such services. Buyer may charge a reasonable fee for any such services, which, in the case Buyer retains a third-party, may include a reasonable administration fee in addition to the fee any such third-party charges Buyer. APPENDIX E – TELEMETRY REQUIREMENTS APPENDIX E – TELEMETRY REQUIREMENTS Telemetering System. Seller shall install and maintain a Telemetering System at the Facility, as required by the applicable interconnection tariff. For the avoidance of doubt, Seller must follow all relevant telemetry requirements as set by the CAISO and applicable interconnection tariffs, standards, guidance documents, or as required in an interconnection study or review process. The Telemetering System must be included in the systems engineering tasks as a part of the construction of the Facility, and must be fully functional before Commercial Operation Date. APPENDIX F – GUARANTEED ENERGY APPENDIX F – GUARANTEED ENERGY PRODUCTION DAMAGES In accordance with the provisions in Section 11.2, GEP Damages means the liquidated damages payment due by Seller to Buyer, calculated on an annual basis for the applicable Performance Measurement Period as follows: [(A-B) × (C-D)] Where: A = the Guaranteed Energy Production for the Performance Measurement Period, in MWh B = Sum of Delivered Energy over the Performance Measurement Period, in MWh C = Replacement price for the Performance Measurement Period, in $/MWh, reflecting the sum of (a) the simple average of the simple average of the Day-Ahead IFM hourly price, as published by the CAISO, for the Existing Zone Generation Trading Hub, in which the Project resides, plus