Common use of Contingency for Equipment Failure Clause in Contracts

Contingency for Equipment Failure. If System data is lost due to hardware, communication, or other failure with the System’s monitoring systems and/or meters, then, in order to determine lost electrical data, the Client shall read the cumulative electrical data directly from the electrical meter and calculate the electricity generated during any missing interval. In the event that it is not possible to read the electrical meter due to a meter failure or other issue, the Client will reasonably estimate the electrical production during the missing interval by using the actual meteorological data provided by the System’s monitoring system or, in the event of a failure for any period of the System’s monitoring system to collect actual meteorological data, such other meteorological data which shall reasonably approximate the actual meteorological data that would have been provided by the System’s monitoring system. At any time during the Guarantee Period, the EPC Contractor may retain an independent, qualified third party, at its own cost, to verify data collection, calibration, metering, and energy calculations. The Parties commit to work in good faith to resolve any discrepancies or disputes that may arise. 9 This figure should be the PPA rate (including escalator) + ZREC SYSTEM PERFORMANCE GUARANTEE AND PERFORMANCE TESTING [FOR SYSTEM SIZE >400 kW AC]

Contingency for Equipment Failure. If System data is lost due to hardware, communication, or other failure with the System’s monitoring systems and/or meters, then, in order to determine lost electrical data, the Client shall read the cumulative electrical data directly from the electrical meter and calculate the electricity generated during any missing interval. In the event that it is not possible to read the electrical meter due to a meter failure or other issue, the Client will reasonably estimate the electrical production during the missing interval by using the actual meteorological data provided by the System’s monitoring system or, in the event of a failure for any period of the System’s monitoring system to collect actual meteorological data, such other meteorological data which shall reasonably approximate the actual meteorological data that would have been provided by the System’s monitoring system. 3 This figure should be the PPA rate (including escalator) + REC At any time during the Guarantee Period, the EPC Contractor may retain an independent, qualified third party, at its own cost, to verify data collection, calibration, metering, and energy calculations. The Parties commit to work in good faith to resolve any discrepancies or disputes that may arise. 9 This figure should be the PPA rate (including escalator) + ZREC SYSTEM PERFORMANCE GUARANTEE AND PERFORMANCE TESTING [FOR SYSTEM SIZE >400 kW AC]

Contingency for Equipment Failure. If System data is lost due to hardware, communication, or other failure with the System’s monitoring systems and/or meters, then, in order to determine lost electrical data, the Client shall read the cumulative electrical data directly from the electrical meter and calculate the electricity generated during any missing interval. In the event that it is not possible to read the electrical meter due to a meter failure or other issue, the Client will reasonably estimate the electrical production during the missing interval by using the actual meteorological data provided by the System’s monitoring system or, in the event of a failure for any period of the System’s monitoring system to collect actual meteorological data, such other meteorological data which shall reasonably approximate the actual meteorological data that would have been provided by the System’s monitoring system. At any time during the Guarantee Period, the EPC Contractor may retain an independent, qualified third third-party, at its own cost, to verify data collection, calibration, metering, and energy calculations. The Parties commit to work in good faith to resolve any discrepancies or disputes that may arise. 9 4 This figure should be the PPA rate (including escalator) + ZREC SYSTEM PERFORMANCE GUARANTEE AND PERFORMANCE TESTING [FOR SYSTEM SIZE >400 kW AC]REC