Common use of Commencing With Initial OEPR Clause in Contracts

Commencing With Initial OEPR. For the period commencing with the first Day of the calendar month following the issuance of the Initial OEPR through the end of the calendar month during which the first Subsequent OEPR is issued, the GPR Benchmark shall be calculated using the supporting data (plane of array irradiance and corresponding power output)relied upon in arriving at the Initial OEPR's NEP OEPR Estimate and the Measured Performance Ratio formula in Section 2.6(a)(ii) of this Agreement. Within 30 Days of Company's receipt of the Initial OEPR together with the aforementioned supporting data, Company shall either (i) provide written notice to Seller of the GPR Benchmark derived as aforesaid or (ii) if Company is unable to reasonably derive a GPR Benchmark as aforesaid, deliver a written request to the OEPR Evaluator (with a copy to Seller) that such OEPR Evaluator issue, within 30 Days, a written clarification of the Initial OEPR specifying the GPR Benchmark. If such request for clarification is made to the OEPR Evaluator, within 10 Business Days following the expiration of the 30-Day period provided for receipt of such OEPR Evaluator's reply, Company shall provide written notice to Seller of either (i) the GPR Benchmark derived from such written clarification by the OEPR Evaluator or (ii) the designation of 0.9 as the GPR Benchmark due to either the failure of the OEPR Evaluator to issue a written clarification or, if a written clarification was issued, the inability of Company to reasonably derive a GPR Benchmark on the basis of such written clarification.

Commencing With Initial OEPR. For the period commencing with the first Day of the calendar month following the issuance of the Initial OEPR through the end of the calendar month during which the first Subsequent OEPR is issued, the GPR Benchmark shall be calculated using the supporting data (plane of array irradiance and corresponding power output)relied upon in arriving at the Initial OEPR's NEP OEPR Estimate and the Measured Performance Ratio formula in Section 2.6(a)(ii) of this Agreement. Within 30 Days of Company's receipt of the Initial OEPR together with the aforementioned supporting data, Company shall either (i) provide written notice to Seller of the the‌‌‌ GPR Benchmark derived as aforesaid or (ii) if Company is unable to reasonably derive a GPR Benchmark as aforesaid, deliver a written request to the OEPR Evaluator (with a copy to Seller) that such OEPR Evaluator issue, within 30 Days, a written clarification of the Initial OEPR specifying the GPR Benchmark. If such request for clarification is made to the OEPR Evaluator, within within‌‌‌ 10 Business Days following the expiration of the 30-Day period provided for receipt of such OEPR Evaluator's reply, Company shall provide written notice to Seller of either (i) the GPR Benchmark derived from such written clarification by the OEPR Evaluator or (ii) the designation of 0.9 as the GPR Benchmark due to either the failure of the OEPR Evaluator to issue a written clarification or, if a written clarification was issued, the inability of Company to reasonably derive a GPR Benchmark on the basis of such written clarification.