Calculation of Energy Delivered; Statements. Payment For each calendar month during the Delivery Term, commencing with the first calendar month in which Facility Energy is delivered by Seller to, and received by, Buyer under this Agreement, Buyer shall calculate the amount of Energy so delivered and received during such calendar month as determined from recordings produced by Xxxxx’s meters maintained pursuant to Section 9.6, at or near midnight on the last day of the calendar month in question. Buyer will not pay for any Facility Energy in excess of 1.15 times the energy hour production profile submitted by Seller at time of application. The monthly payment for the Facility Energy shall be calculated as the sum of Facility Energy, in kWh, delivered at each hour multiplied by the Purchase Price. In no event may the total contract price exceed a $250 per MWh average on an annualized basis. In the event Buyer pays in excess of a $250 per MWh average in a given year, any payment in excess of the $250 per MWh average shall be credited to Buyer and deducted from payments due to the Seller in the following year.
