Common use of Commencing With the First Subsequent OEPR and Thereafter Clause in Contracts

Commencing With the First Subsequent OEPR and Thereafter. For any Contract Year during which a Subsequent OEPR is issued through the end of the Contract Year preceding the Contract Year during which the next Subsequent OEPR is issued, the BOP Benchmark shall be derived from the first of the two Subsequent OEPRs referenced in this sentence on the basis of the estimated electrical losses for the BOP used in such Subsequent OEPR in arriving at such Subsequent OEPR's NEP Estimate. Within 30 Days of Company's receipt of such Subsequent OEPR, Company shall either (i) provide written notice to Seller of the BOP Benchmark derived from such Subsequent OEPR or (ii) if Company is unable to reasonably derive a BOP Benchmark from such Subsequent OEPR, 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 such Subsequent OEPR specifying the BOP 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 the receipt of such OEPR Evaluator reply, Company shall provide written notice to Seller of either (i) the BOP Benchmark derived from such written clarification by the OEPR Evaluator or (ii) the designation of 97% as the BOP 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 BOP Benchmark on the basis of such written clarification.

Commencing With the First Subsequent OEPR and Thereafter. For any Contract Year during which Commencing with the issuance of the first Subsequent OEPR, for each period commencing with the first Day of the calendar month following the issuance of a Subsequent OEPR is issued (including but not limited to the first Subsequent OEPR) through the end of the Contract Year preceding the Contract Year calendar month during which the next Subsequent OEPR is issued, the BOP GPR Benchmark shall be derived from calculated using the first supporting data (plane of the two Subsequent OEPRs referenced in this sentence on the basis of the estimated electrical losses for the BOP used in such Subsequent OEPR array irradiance and corresponding power output) relied upon in arriving at such the NEP OEPR Estimate of the most recent Subsequent OEPR's NEP EstimateOEPR and the Measured Performance Ratio formula in Section 2.6(a)(ii) of this Agreement. Within 30 Days of Company's receipt of such each Subsequent OEPR, Company shall either (i) provide written notice to Seller of the BOP GPR Benchmark derived from such Subsequent OEPR as aforesaid or (ii) if Company is unable to reasonably derive a BOP GPR Benchmark from such Subsequent OEPRas 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 such Subsequent OEPR specifying the BOP 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 the receipt of such OEPR Evaluator reply, Company shall provide written notice to Seller of either (i) the BOP GPR Benchmark derived from such written clarification by the OEPR Evaluator or (ii) the designation of 97% 0.9 as the BOP 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 BOP GPR Benchmark on the basis of such written clarification.

Commencing With the First Subsequent OEPR and Thereafter. For any Contract Year during which Commencing with the issuance of the first Subsequent OEPR, for each period commencing with the first Day of the calendar month following the issuance of a Subsequent OEPR is issued (including but not limited to the first Subseqent OEPR) through the end of the Contract Year preceding the Contract Year calendar month during which the next Subsequent OEPR is issued, the BOP GPR Benchmark shall be derived from calculated using the first supporting data (plane of the two Subsequent OEPRs referenced in this sentence on the basis of the estimated electrical losses for the BOP used in such Subsequent OEPR array irradiance and corresponding power output) relied upon in arriving at such the NEP OEPR Estimate of the most recent Subsequent OEPR's NEP EstimateOEPR and the Measured Performance Ratio formula in Section 2.6(a)(ii) of this Agreement. Within 30 Days of Company's receipt of such each Subsequent OEPR, Company shall either (i) provide written notice to Seller of the BOP GPR Benchmark derived from such Subsequent OEPR as aforesaid or (ii) if Company is unable to reasonably derive a BOP GPR Benchmark from such Subsequent OEPRas 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 such Subsequent OEPR specifying the BOP 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 the receipt of such OEPR Evaluator reply, Company shall provide written notice to Seller of either (i) the BOP GPR Benchmark derived from such written clarification by the OEPR Evaluator or (ii) the designation of 97% 0.9 as the BOP 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 BOP GPR Benchmark on the basis of such written clarification.

Commencing With the First Subsequent OEPR and Thereafter. For any Contract Year during which a Subsequent OEPR is issued through the end of the Contract Year preceding the Contract Year during which the next Subsequent OEPR is issued, the BOP Benchmark shall be derived from the first of the two Subsequent OEPRs referenced in this sentence on the basis of the estimated electrical losses for the BOP used in such Subsequent OEPR in arriving at such Subsequent OEPR's NEP Estimate. Within 30 Days of Company's receipt of such Subsequent OEPR, Company shall either (i) provide written notice to Seller of the BOP Benchmark derived from such Subsequent OEPR or (ii) if Company Company's is unable to reasonably derive a BOP Benchmark from such Subsequent OEPR, 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 such Subsequent OEPR specifying the BOP 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 the receipt of such OEPR Evaluator reply, Company shall provide written notice to Seller of either (i) the BOP Benchmark derived from such written clarification by the OEPR Evaluator or (ii) the designation of 97% as the BOP 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 BOP Benchmark on the basis of such written clarification.

Commencing With the First Subsequent OEPR and Thereafter. For any Contract Year during which Commencing with the issuance of the first Subsequent OEPR, for each period commencing with the first Day of the calendar month following the issuance of a Subsequent OEPR is issued (including but not limited to the first Subseqent OEPR) through the end of the Contract Year preceding the Contract Year calendar month during which the next Subsequent OEPR is issued, the BOP GPR Benchmark shall be derived from calculated using the first supporting data (plane of the two Subsequent OEPRs referenced in this sentence on the basis of the estimated electrical losses for the BOP used in such Subsequent OEPR array irradiance and corresponding power output) relied upon in arriving at such the NEP OEPR Estimate of the most recent Subsequent OEPR's NEP EstimateOEPR and the Measured Performance Ratio formula in Section 2.6(a)(ii) of this Agreement. Within 30 Days of Company's receipt of such each Subsequent OEPR, Company shall either (i) provide written notice to Seller of the BOP GPR Benchmark derived from such Subsequent OEPR as aforesaid or (ii) if Company is unable to reasonably derive a BOP GPR Benchmark from such Subsequent OEPRas 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 such Subsequent OEPR specifying the BOP 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 the receipt of such OEPR Evaluator reply, Company shall provide written notice to Seller of either (i) the BOP GPR Benchmark derived from such written clarification by the OEPR Evaluator or (ii) the designation of 97% 0.9 as the BOP 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 BOP GPR Benchmark on the basis of such written clarification.clarification.‌‌‌‌