Capacity Price Clause Samples

Capacity Price. Buyer shall pay Seller a capacity payment of $250/kw-year, allocated in accordance with the monthly Capacity Payment Schedule attached hereto as Attachment B. The capacity payment shall be calculated based on the Maximum Capacity specified in section 5.a.

Capacity Price. The applicable “Capacity Price” set forth in the following table shall be used to calculate the RA Capacity Payment. The Capacity Price is unique to this agreement and specific to the Generating Facility. Month 1 - Peak 2 - Partial-Peak 3 - Off-Peak Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Capacity Price. The Capacity Price for each kilowatt of Contract Capacity in each Contract Year shall be as follows: Contract Year Capacity Price ($/kW-year) "Dispatched Energy" shall be the amount of Energy, in any hour, that Buyer requests Seller to deliver, pursuant to the terms and conditions of the dispatch protocol, which shall be mutually agreed by Buyer and Seller and attached as an appendix to this Agreement. In no event shall Buyer be obligated to receive or pay for, in any hour, any Delivered Energy that either exceeds the amount of Dispatched Energy for the applicable hour or that was not requested by Buyer, pursuant to the dispatch protocol. Seller shall inform Buyer whenever it knows, or has reasonable basis to believe, that the Project is not fully capable of producing Delivered Energy in the amount of the Contract Capacity in any given hour. "Available Hours" shall be defined and calculated for each month pursuant to the formula immediately below as the sum of the following: the number of hours in such month in which Buyer has not requested Dispatched Energy from the Project and in which the Project is fully capable of producing Delivered Energy in the amount of the Contract Capacity; plus, for each hour in such month in which the Project is dispatched by Buyer, the quotient resulting from dividing the amount of Delivered Energy for that hour by the amount of Dispatched Energy (provided, however, that such product amount shall never exceed precisely one).

Capacity Price. The Capacity Price shall be $X/MW-Day for the Period of Delivery. The Capacity Price shall be payable monthly as set forth below. Energy Price: Not applicable. The Seller has no obligation to provide energy or any product other than Capacity and the Buyer has no obligation to purchase energy or any product other than Capacity. Seller must offer Capacity in the amount of the Contract Quantity (hereinafter defined) to MISO consistent with MISO Module E requirements. Contract Quantity: X MW per hour for the entire Period of Delivery. Capacity Source: XXXXX defined by MISO as CP Node XXXXX in the most recent MISO Generation Deliverability Test Results (which currently are February 28, 2008). The CP Node for the Capacity Source shall be as defined above. However, to the extent Seller desires to change the CP Node, Seller shall provide written and verbal notice to Buyer by no later than one hour prior to the close of the MISO day-ahead energy market for the applicable delivery day. Buyer will accept this change so long as the capacity at the replacement CP Node meets the definition of Capacity listed in the Product section above. Notwithstanding the foregoing, Seller agrees that it shall use reasonable efforts to assist Buyer in complying with any resource adequacy requirements imposed by any applicable legal authority, including without limitations, the requirements and business practices of MISO, NERC, SERC, Ameren's Illinois Balancing Authority or any successor thereto, or any other applicable legal authority. Delivery Point: CP Node of the Capacity Source, which is [____________] CP Node, or the CP Node of any replacement Capacity Source as provided herein.

Capacity Price. Subsequent to the Commercial Operation Date, NorthWestern shall pay Seller for Capacity during Heavy Load Hours of On‐Peak Hours (the “Capacity Price”); such amounts are included in the Energy Price on a levelized basis as set forth in Section 5.5.1.

Capacity Price. In return for Seller making 100 MW of electrical capacity available to Buyer on the terms and conditions contained herein, Buyer shall pay to Seller an amount for all 100 MW of capacity equal to __________ ($________) per month during the Term$12,000 per MW of capacity (the "Capacity Price").

Capacity Price. The Capacity Price for each kilowatt of Contract Capacity in each Contract Year shall be as follows: “Dispatched Energy” shall be the amount of Energy, in any hour, that Buyer requests Seller to deliver, pursuant to the terms and conditions of the dispatch protocol, which shall be mutually agreed by Buyer and Seller and attached as an appendix to this Agreement. In no event shall Buyer be obligated to receive or pay for, in any hour, any Delivered Energy that either exceeds the amount of Dispatched Energy for the applicable hour or that was not requested by Buyer, pursuant to the dispatch protocol. Seller shall inform Buyer whenever it knows, or has reasonable basis to believe, that the Project is not fully capable of producing Delivered Energy in the amount of the Contract Capacity in any given hour.

Capacity Price. The parties agree to keep and maintain confidential the following Capacity Prices and associated billings except to the extent (i) required by law or regulatio▇, (▇▇) required by order of any court or administrative agency of competent jurisdiction, (iii) deemed necessary by a party in order to inform a regulatory authority with jurisdiction over that party, or to inform a North American Electric Reliability Council organization, (iv) deemed necessary to provide to customers of either party or (v) necessary in a proceeding by a party hereto to enforce the terms of this Agreement. In the event other needs to disclose the terms of this Agreement shall arise, and a party seeks the permission of the other party to make the disclosure, such permission shall not be unreasonably withheld." "August 1, 2002 - December 31, 2002: [confidential information intentionally deleted]/kW-Month for 380 megawatts of the Nuclear Facility's accredited Mid-Continent Area Power Pool ("MAPP") capacity or of the Nuclear Facility's capacity as acc▇▇▇▇ted by any successor organization to MAPP, responsible for accrediting the Nuclear Facility's ge▇▇▇▇tion capacity, delivered to the Purchaser ("Purchaser's Capacity Share")." "January 1, 2003 - December 31, 2003: [confidential information intentionally deleted]/kW-Month for Purchaser's Capacity Share." "January 1, 2004 - December 31, 2004: [confidential information intentionally deleted]/kW-Month for Purchaser's Capacity Share." "The District guarantees Purchaser 380 megawatts of the Nuclear Facility's accredited capacity at all times during the term of this Contract ("Guaranteed Capacity"). If a reduction in the accreditation of the Nuclear Facility requires the District to replace a portion or all of the Guaranteed Capacity, the District shall so provide and the Purchaser shall continue to pay for such replacement accredited capacity ("Replacement Capacity") at the Capacity Price. The Replacement Capacity, if any, shall be accredited by MAPP or any successor organization to MAPP, responsible for a▇▇▇▇diting the Nuclear Facility's gener▇▇▇▇n capacity."

Capacity Price. For each MISO Planning Year, the Capacity Price shall be the “Auction Clearing Price” for MISO Zone 4 (or any other MISO zone in which the output of the Units may be determined to be Joppa ZRCs) in the “MISO Planning Resource Auction” (as such terms are defined in Module A of the MISO Tariff) conducted by MISO pursuant to Module E of the MISO Tariff for such MISO Planning Year. For each of the 2013/2014, and 2014/2015 MISO Planning Years, the Capacity Price was the Auction Clearing Price for MISO Zone 4 in the MISO Planning Resource Auction for such MISO Planning Year. 8. This Amendment shall be deemed to be an Illinois contract and shall be construed in accordance with and governed by the laws of the State of Illinois, without regard to its conflict of laws provisions. 9. This Amendment constitutes the entire agreement between the Parties with respect to the subject matter covered hereby and supersedes any and all prior negotiations, representations, agreements or understandings relating hereto. 10. If any term, provision, covenant, or condition of this Amendment is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of this Amendment shall remain in full force and effect and in no way be affected, impaired, or invalidated. The Parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions. 11. This Amendment may be executed in counterparts, and any number of counterparts signed in the aggregate by the Parties hereto shall constitute a single original document.