Common use of CAISO Penalties Clause in Contracts

CAISO Penalties. Seller shall be responsible for any “non- Performance Penalties” assessed to PG&E by the CAISO (“CAISO Penalties”), under the CAISO Tariff Enforcement Protocol, and not due to any fault of PG&E, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller. To the extent that Seller materially deviates from its energy schedules (other than an adjustment imposed by the CAISO, a deviation due to any fault of PG&E, or an excused Seller failure to deliver, whether for reasons of Force Majeure or otherwise), and such departure results in CAISO Penalties being assessed to PG&E, such CAISO Penalties shall be passed on to Seller. Any such CAISO Penalties passed on to Seller shall be limited to the period until the commencement of the next settlement period following Seller’s notification (as described above) for which the delivery schedule can be adjusted.

CAISO Penalties. Seller shall be responsible for any “"non- Performance Penalties” " assessed to PG&E by the CAISO (“"CAISO Penalties”"), under the CAISO Tariff Enforcement Protocol, and not due to any fault of PG&EofPG&E, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller. To the extent that Seller materially deviates from its energy schedules (other than an adjustment imposed by the CAISO, a deviation due to any fault of PG&EofPG&E, or an excused Seller failure to deliver, whether for reasons of Force Majeure or otherwise), and such departure results in CAISO Penalties being assessed to PG&E, such CAISO Penalties shall be passed on to Seller. Any such CAISO Penalties passed on to Seller shall be limited to the period until the commencement of the next settlement period following Seller’s 's notification (as described above) for which the delivery schedule can be adjusted.

CAISO Penalties. Seller shall be responsible for any “"non- Performance Penalties” " assessed to PG&E by the CAISO (“"CAISO Penalties”"), under the CAISO Tariff Enforcement Protocol, and not due to any fault of PG&EofPG&E, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller. To the extent that Seller materially deviates from its energy schedules (other than an adjustment imposed by the CAISO, a deviation due to any fault of PG&E, PG&E. or an excused Seller failure to deliver, whether for reasons of Force Majeure or otherwiseotherv.'ise), and such departure results in CAISO Penalties being assessed to PG&E, such CAISO Penalties shall be passed on to Seller. Any such CAISO Penalties passed on to Seller shall be limited to the period until the commencement of the next settlement period following Seller’s 's notification (as described above) for which the delivery schedule can be adjusted.. Pacific Gas and Electric Company 13 Feed-in Tariff Small Ren<:wableGenerator (E-SRG) Powcr Purchase Agreement

CAISO Penalties. Seller shall be responsible for any “"non- Performance Penalties” " assessed to PG&E by the CAISO (“"CAISO Penalties”"), under the CAISO Tariff Enforcement Protocol, and not due to any fault of PG&E, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller. To the extent that Seller materially deviates from its energy schedules (other than an adjustment imposed by the CAISO, a deviation due to any fault of PG&E, or an excused Seller failure to deliver, whether for tor reasons of Force Majeure or otherwise), and such departure results in CAISO Penalties being assessed to PG&E, such CAISO Penalties shall be passed on to Seller. Any such CAISO Penalties passed on to Seller shall be limited to the period until the commencement of the next settlement period following Seller’s 's notification (as described above) for which the delivery schedule can be adjusted. Pacific Gas and Electric Company 13 Feed-in Tariff Small Renewable Generator (E-SRG) Power Purchase Agreement an originally executed counterpart, but the failure of any Party to deliver an originally executed counterpart of this Agreement will not affect the validity or effectiveness of this Agreement.

CAISO Penalties. Seller shall be responsible for any “"non- Performance Penalties” " assessed to PG&E by the CAISO (“"CAISO Penalties”"), under the CAISO Tariff Enforcement Protocol, and not due to any fault of PG&EofPG&E, which shall include, without limitation, any deviation, imbalance or uninstructed energy charges or penalties payable to the CAISO that are due to the fault of Seller. To the extent that Seller materially deviates from its energy schedules (other than an adjustment imposed by the CAISO, a deviation due to any fault of PG&E, or an excused Seller failure to deliver, whether for reasons of Force Majeure or otherwise), and such departure results in CAISO Penalties being assessed to PG&E, such CAISO Penalties shall be passed on to Seller. Any such CAISO Penalties passed on to Seller shall be limited to the period until the commencement of the next settlement period following Seller’s 's notification (as described above) for which the delivery schedule can be adjusted.. Pacific Gas and Electric Company 1J Feed·in T<lrilTSmall Renewable Generator (E-SRG) Power Purcha~e Agreement