Common use of Buyer’s Election of Demonstration Method Clause in Contracts

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity and the Demonstrated Nameplate Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity or the requirement to demonstrate the Nameplate Capacity. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement. In the event that the Buyer waives demonstration of the Nameplate Capacity, the Demonstrated Nameplate Capacity will be deemed to be equal to the Nameplate Capacity specified in Section 2.1 of the Agreement. *** End of Appendix J *** FORM APPENDIX K-1 – QF EFFICIENCY MONITORING PROGRAM – COGENERATION DATA REPORTING FORM [PrevYear] I. Name and Address of Project Name: Street: City: State: Zip Code: ID No.: Generation Nameplate (kW):

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity and the Demonstrated Nameplate Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity or the requirement to demonstrate the Nameplate Capacity. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement. In the event that the Buyer waives demonstration of the Nameplate Capacity, the Demonstrated Nameplate Capacity will be deemed to be equal to the Nameplate Capacity specified in Section 2.1 of the Agreement. *** End of Appendix J *** FORM APPENDIX K-1 – QF EFFICIENCY MONITORING PROGRAM – COGENERATION DATA REPORTING FORM [PrevYear] I. Name and Address of Project Name: Street: City: State: Zip Code: ID No.: Generation Nameplate (kW):Section

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity and the Demonstrated Nameplate Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity or the requirement to demonstrate the Nameplate Capacity. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement. In the event that the Buyer waives demonstration of the Nameplate Capacity, the Demonstrated Nameplate Capacity will be deemed to be equal to the Nameplate Capacity specified in Section 2.1 of the Agreement. *** End of Appendix J *** FORM APPENDIX K-1 – QF EFFICIENCY MONITORING PROGRAM – COGENERATION DATA REPORTING FORM [PrevYearPrevious Year] I. Name and Address of Project Name: Street: City: State: Zip Code: ID No.: Generation Nameplate (kW):

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity [Insert for Facilities that are eligible pursuant to Assembly Bill No. 1923: and the Demonstrated Nameplate Capacity Capacity] determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity [Insert for Facilities that are eligible pursuant to Assembly Bill No. 1923: or the requirement to demonstrate the Nameplate Capacity]. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the AgreementAgreement [Insert for Facilities that are eligible pursuant to Assembly Bill No. In 1923:, or in the event that the Buyer waives demonstration of the Nameplate Capacity, the Demonstrated Nameplate Capacity will be deemed to be equal to the Nameplate Capacity specified in Section 2.1 of the Agreement]. *** End of Appendix J *** FORM APPENDIX K-1 – QF EFFICIENCY MONITORING PROGRAM – COGENERATION DATA REPORTING FORM [PrevYear] I. Name and Address of Project Name: Street: City: State: Zip Code: ID No.: Generation Nameplate (kW):