Common use of Capacity Warranty Clause in Contracts

Capacity Warranty. During the Warranty Period, Operator shall determine (i) within [***] Business Days after the end of each Calendar Quarter, whether each Facility that has achieved Commencement of Operations has delivered to the applicable Interconnection Point the Minimum kWh during such Capacity Warranty Period and (ii) within [***] Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (the warranty provided in clause (i), the “Quarterly Capacity Warranty”, and the warranty provided in clause (ii), the “One-Year Capacity Warranty”, and such warranties, collectively, the “Capacity Warranty”). If a Capacity Warranty calculation indicates that the Actual kWh of the applicable Bloom Systems was less than the Minimum kWh during such Capacity Warranty Period, then Operator shall so notify Owner in writing of the basis of its determination and Owner may make a claim under Section 2.5 and, upon the making of such claim, Operator shall be required to make a payment under Section 2.5 to Owner and calculated as indicated in Appendix B based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the Owner’s loss of revenue resulting from the failure of the Bloom Systems to achieve the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the One-Year Capacity Warranty for a calendar year will be reduced by the total amount paid by the Operator in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Operator fails to perform any Capacity Warranty calculation within the periods required by this Section 2.6, the Owner may perform its own calculations and may make a claim under Section 2.5. Example calculations of the amount to be paid by Operator to Owner in respect of a claim in respect of either Capacity Warranty are set out in Appendix B.

Capacity Warranty. During the Warranty Period, Operator Seller shall determine (i) within [***] ten (10) Business Days after the end of each Calendar Quarter, whether each Facility that has achieved Commencement of Operations has delivered to the applicable Interconnection Point the Minimum kWh during such Capacity Warranty Period and (ii) within [***] ten (10) Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (the warranty provided in clause (i), the “Quarterly Capacity Warranty”, and the warranty provided in clause (ii), the “One-Year Capacity Warranty”, and such warranties, collectively, the “Capacity Warranty”). If a Capacity Warranty calculation indicates that the Actual kWh of the applicable Bloom Systems was less than the Minimum kWh during such the applicable Capacity Warranty Period, then Operator Seller shall so notify Owner Buyer in writing of the basis of its determination and Owner Buyer may make a claim under Section 2.5 8.3 and, upon the making of such claim, Operator Seller shall be required to make a payment under Section 2.5 8.3 to Owner Buyer and calculated as indicated in Appendix B Annex C based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the OwnerBuyer’s loss of revenue resulting from the failure of the Bloom Systems to achieve the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the One-Year Capacity Warranty for a calendar year will be reduced by the total amount paid by the Operator Seller in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Operator Seller fails to perform any Capacity Warranty calculation within the periods required by this Section 2.68.6, the Owner Buyer may perform its own calculations and may make a claim under Section 2.58.3. Example calculations of the amount to be paid by Operator Seller to Owner Buyer in respect of a claim in respect of either Capacity Warranty are set out in Appendix B.Annex C.

Capacity Warranty. During the Warranty Period, Operator shall determine (i) within [***] ten (10) Business Days after the end of each Calendar Quarter, whether each Facility that has achieved Commencement of Operations has delivered to the applicable Interconnection Point the Minimum kWh during such Capacity Warranty Period and (ii) within [***] ten (10) Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (the warranty provided in clause (i), the “Quarterly Capacity Warranty”, and the warranty provided in clause (ii), the “One-Year Capacity Warranty”, and such warranties, collectively, the “Capacity Warranty”). If a Capacity Warranty calculation indicates that the Actual kWh of the applicable Bloom Systems was less than the Minimum kWh during such Capacity Warranty Period, then Operator shall so notify Owner in writing of the basis of its determination and Owner may make a claim under Section 2.5 and, upon the making of such claim, Operator shall be required to make a payment under Section 2.5 to Owner and calculated as indicated in Appendix B based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the Owner’s loss of revenue resulting from the failure of the Bloom Systems to achieve the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the One-Year Capacity Warranty for a calendar year will be reduced by the total amount paid by the Operator in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Operator fails to perform any Capacity Warranty calculation within the periods required by this Section 2.6, the Owner may perform its own calculations and may make a claim under Section 2.5. Example calculations of the amount to be paid by Operator to Owner in respect of a claim in respect of either Capacity Warranty are set out in Appendix B.

Capacity Warranty. During the Warranty Period, Operator Seller shall determine (i) within [***] Business Days after the end of each Calendar Quarter, whether each Facility that has achieved Commencement of Operations has delivered to the applicable Interconnection Point the Minimum kWh during such Capacity Warranty Period and (ii) within [***] Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh during such Capacity Warranty Period (the warranty provided in clause (i), the “Quarterly Capacity Warranty”, and the warranty provided in clause (ii), the “One-Year Capacity Warranty”, and such warranties, collectively, the “Capacity Warranty”). If a Capacity Warranty calculation indicates that the Actual kWh of the applicable Bloom Systems was less than the Minimum kWh during such the applicable Capacity Warranty Period, then Operator Seller shall so notify Owner Buyer in writing of the basis of its determination and Owner Buyer may make a claim under Section 2.5 8.3 and, upon the making of such claim, Operator Seller shall be required to make a payment under Section 2.5 8.3 to Owner Buyer and calculated as indicated in Appendix B Annex C based on the average tolling rate of the applicable Fleet during the Capacity Warranty Period in order to compensate for the OwnerBuyer’s loss of revenue resulting from the failure of the Bloom Systems to achieve the Minimum kWh. For the purposes of avoiding double counting of any kWh shortfalls in calculating Capacity Warranty payments, a claim made in respect of the One-Year Capacity Warranty for a calendar year will be reduced by the total amount paid by the Operator Seller in respect of claims under the Quarterly Capacity Warranty for the Calendar Quarters in that calendar year. If the Operator Seller fails to perform any Capacity Warranty calculation within the periods required by this Section 2.68.6, the Owner Buyer may perform its own calculations and may make a claim under Section 2.58.3. Example calculations of the amount to be paid by Operator Seller to Owner Buyer in respect of a claim in respect of either Capacity Warranty are set out in Appendix B.Annex C.