Common use of Contract Quantity and Guaranteed Energy Production Clause in Contracts

Contract Quantity and Guaranteed Energy Production. The quantity of Bundled Green Energy that Seller expects to be able to deliver to Buyer during each Contract Year is [_____] MWh [For solar facilities, insert: to be degraded each Contract Year by [insert manufacturer’s degradation factor] (“Contract Quantity”). [For all facilities other than hydro facilities, insert: Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in any [For baseload facilities insert: “twelve (12)”] [For all facilities other than baseload facilities insert: “twenty-four (24)”] consecutive calendar month period during the Delivery Term (“Performance Measurement Period”). “Guaranteed Energy Production” means an amount of Bundled Green Energy, as measured in MWh, equal to [For wind facilities, insert “one hundred and forty percent (140%)”, [for solar facilities, insert “one hundred and sixty percent (160%)”] [for baseload facilities, insert “ninety percent (90%)”] of the weighted average of the Contract Quantity for such Performance Measurement Period. Notwithstanding the excuses to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a)), Seller shall be excused from achieving the Guaranteed Energy Production during any Performance Measurement Period only to the extent of any Force Majeure events, Buyer’s failure to perform, or Dispatch Down Periods. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer the Bundled Green Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of any Force Majeure events, Xxxxx’s failure to perform, or Dispatch Down Periods.

Contract Quantity and Guaranteed Energy Production. The quantity Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Bundled Green Net Energy that Seller expects to be able to deliver to Buyer during for each Contract Year is [_____] MWh [For solar facilities, insert: to be degraded each Contract Year by [insert manufacturer’s degradation factor] year of the Term as set forth in Attachment C (the “Contract Quantity”). [For all facilities other than hydro facilities, insert: Throughout ; provided that the Delivery Term, Seller Contract Quantity for Net Energy for the applicable period shall be required reduced to the extent any condition arises under Section 5.1(f). If, starting with the second Contract Year, the Facility fails to deliver eighty-five percent (85%) of the Contract Quantity (as adjusted, and regarding Net Energy) in any particular Contract Year (the “Guaranteed Energy Production”), then a shortfall of Net Energy with respect to Buyer no less than such Contract Year equal to the difference between the Guaranteed Energy Production and the Net Energy actually delivered (as defined belowa “Shortfall”) in any [For baseload facilities insert: “twelve (12)”] [For all facilities other than baseload facilities insert: “twenty-four (24)”] consecutive calendar month period during the Delivery Term (“Performance Measurement Period”). “Guaranteed Energy Production” means an amount of Bundled Green Energy, as measured in MWh, equal to [For wind facilities, insert “one hundred and forty percent (140%)”, [for solar facilities, insert “one hundred and sixty percent (160%)”] [for baseload facilities, insert “ninety percent (90%)”] of the weighted average of the Contract Quantity for such Performance Measurement Period. Notwithstanding the excuses to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a)), Seller shall be excused from achieving the Guaranteed Energy Production during any Performance Measurement Period only to the extent of any Force Majeure events, Buyer’s failure to perform, or Dispatch Down Periods. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered exist, and Seller shall pay to Buyer in respect of such Shortfall an amount equal to fifty percent (50%) of the Bundled Green applicable Net Energy Rate in $/kWh specified in Attachment B for that Contract Year multiplied by the amount of the Shortfall in kWh (“Performance Liquidated Damages”), which Performance Liquidated Damages shall be paid on the monthly payment date immediately succeeding the Contract Year for which Seller’s obligation to pay such amounts arose or within 30 (thirty) days of delivery of an invoice from Buyer to Seller if the Shortfall occurred in the amount it could reasonably have delivered final Contract Year. Seller may adjust the quantities in Attachment C to quantities mutually agreed upon by the Parties based on final equipment selection. Seller must provide Notice to Buyer but was prevented from delivering of such proposed adjustments to Buyer by reason the quantities in Attachment C no less than six (6) months prior to the current Commercial Operation Date Deadline (based on the current Completion Deadline). To the extent that the Parties do not agree on the proposed adjustments to the quantities in Attachment C, the original agreed upon quantities shall remain in Attachment ELECTRONICALLY FILED - 2019 September 20 5:06 PM - SCPSC - Docket # 2019-184-E - Page 17 of any Force Majeure events, Xxxxx’s failure to perform, or Dispatch Down Periods.66

Contract Quantity and Guaranteed Energy Production. The quantity of Bundled Green Energy that Seller expects Subject to be able to deliver to Buyer Sections 3.1(n) and 10.18, the Contract Quantity during each Contract Year is [_____] MWh [For solar facilities, insert: to be degraded each 227,250 MWh. The Parties agree that the actual amount of Delivered Energy in any Contract Year by [insert manufacturer’s degradation factor] (“Contract Quantity”)may be greater or less than the amount set forth above. [For all facilities other than hydro facilities, insert: Throughout the Delivery Term, Seller shall be required required, subject to deliver the adjustment described below for Seller Excuse Hours, to Buyer produce Delivered Energy in an amount no less than the Guaranteed Energy Production (as defined below) in any [For baseload facilities insert: “twelve (12)”] [For all facilities other than baseload facilities insert: “twenty-four (24)”] one of each two consecutive calendar month period during the Delivery Term Contract Years (“Performance Measurement Period”). “Subject to the adjustment described below for Seller Excuse Hours, Guaranteed Energy Production” means Production means, for a given Contract Year, an amount of Bundled Green Energy, as measured in MWh, equal to [For wind facilities, insert “one hundred the product of (i) 0.70 and forty percent (140%)”, [for solar facilities, insert “one hundred and sixty percent (160%)”] [for baseload facilities, insert “ninety percent (90%)”] of the weighted average of ii) the Contract Quantity for such Performance Measurement PeriodQuantity. Notwithstanding In any Contract Year in which a Seller Excuse Hour occurs the excuses following adjustments to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a)), Seller shall be excused from achieving the Guaranteed Energy Production during any Performance Measurement Period only to the extent determination shall apply: (A) For all Seller Excuse Hours in a given Contract Year that are Events of any Force Majeure eventsaffecting Seller, Buyer’s failure the Contract Quantity shall be reduced by the amount of Delivered Energy that Seller could have been expected to performdeliver to Buyer during such Seller Excuse Hours during such Contract Year, or Dispatch Down Periods. as determined by Seller based upon the most recent forecast of Energy production for such Seller Excuse Hours provided pursuant to Section 3.4(c); and (B) For purposes all Seller Excuse Hours in a given Contract Year that are not Events of determining whether Seller has achieved the Guaranteed Energy ProductionForce Majeure affecting Seller, Seller shall be deemed to have delivered produced, in addition to the amount of Delivered Energy actually produced in the relevant Contract Year, the amount of Delivered Energy that Seller could have been expected to deliver to Buyer during such Seller Excuse Hours during such Contract Year, as determined by Seller based upon the Bundled Green most recent forecast of Energy production for such Seller Excuse Hours provided pursuant to Section 3.4(c). If, subject to the adjustments described above, as applicable, Seller delivers less than the Guaranteed Energy Production in both Contract Years within any Performance Measurement Period, then within one hundred and twenty (120) days after the amount it could reasonably have delivered last day of the last month of such Performance Measurement Period, Buyer shall provide Notice to Buyer but was prevented from delivering Seller of such failure. Following Seller’s receipt of Notice of such failure, Seller may fully satisfy its obligations with respect to Buyer by reason of any Force Majeure eventsthe Guaranteed Energy Production requirement if Seller pays to Buyer, Xxxxx’s failure to perform, or Dispatch Down Periods.within fourteen

Contract Quantity and Guaranteed Energy Production. The quantity Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Bundled Green Net Energy that Seller expects to be able to deliver to Buyer during for each Contract Year is [_____] MWh [For solar facilities, insert: to be degraded each Contract Year by [insert manufacturer’s degradation factor] year of the Term as set forth in Attachment C (the “Contract Quantity”). [For all facilities other than hydro facilities, insert: Throughout ; provided that the Delivery Term, Seller Contract Quantity for Net Energy for the applicable period shall be required reduced to the extent any condition arises under Section 5.1(f). If, starting with the second Contract Year, the Facility fails to deliver eighty-five percent (85%) of the Contract Quantity (as adjusted, and regarding Net Energy) in any particular Contract Year (the “Guaranteed Energy Production”), then a shortfall of Net Energy with respect to Buyer no less than such Contract Year equal to the difference between the Guaranteed Energy Production and the Net Energy actually delivered (as defined belowa “Shortfall”) shall be deemed to exist, and Seller shall pay to Buyer in any [For baseload facilities insert: “twelve respect of such Shortfall an amount equal to fifty percent (12)”] [For all facilities other than baseload facilities insert: “twenty-four (24)”] consecutive calendar month period during 50%) of the Delivery Term applicable Net Energy Rate in $/kWh specified in Attachment B for that Contract Year multiplied by the amount of the Shortfall in kWh (“Performance Measurement PeriodLiquidated Damages”), which Performance Liquidated Damages shall be paid on the monthly payment date immediately succeeding the Contract Year for which Seller’s obligation to pay such amounts arose or within 30 (thirty) days of delivery of an invoice from Buyer to Seller if the Shortfall occurred in the final Contract Year. “Guaranteed Energy Production” means Additionally, Seller shall submit a written report to Buyer and the South Carolina Office of Regulatory Staff within 30 (thirty) days after Buyer submits to Seller an amount invoice for Performance Liquidated Damages pursuant to this Section 3.5, and such report shall reasonably detail the cause of Bundled Green Energysuch Shortfall and the actions that Seller has taken or plans to take to remedy such cause going forward. Seller may adjust the quantities in Attachment C to quantities mutually agreed upon by the Parties based on final equipment selection. Seller must provide Notice to Buyer of such proposed adjustments to the quantities in Attachment C no less than six (6) months prior to the current Commercial Operation Date Deadline (based on the current Completion Deadline). To the extent that the Parties do not agree on the proposed adjustments to the quantities in Attachment C, as measured the original agreed upon quantities shall remain in MWhAttachment C. Within two (2) Business Days following the Commercial Operation Date, equal Seller shall provide Buyer with the pro-rated quantities, subject to [For wind facilities, insert “one hundred and forty percent (140%)”, [for solar facilities, insert “one hundred and sixty percent (160%)”] [for baseload facilities, insert “ninety percent (90%)”] mutual agreement of the weighted average of Parties, for Contract Year 1 and Contract Year 11 in Attachment C. Such pro-rated quantities shall be based, for Contract Year 1, on the Contract Quantity for such Performance Measurement Period. Notwithstanding Contract Year 2, and for Contract Year 11, on the excuses to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a)), Seller shall be excused from achieving the Guaranteed Energy Production during any Performance Measurement Period only to the extent of any Force Majeure events, Buyer’s failure to perform, or Dispatch Down Periods. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer the Bundled Green Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of any Force Majeure events, Xxxxx’s failure to perform, or Dispatch Down PeriodsContract Quantity for Contract Year 10.

Contract Quantity and Guaranteed Energy Production. The quantity Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Bundled Green Net Energy that Seller expects to be able to deliver to Buyer during for each Contract Year is [_____] MWh [For solar facilities, insert: to be degraded each Contract Year by [insert manufacturer’s degradation factor] year of the Term as set forth in Attachment C (the “Contract Quantity”). [For all facilities other than hydro facilities, insert: Throughout ; provided that the Delivery Term, Seller Contract Quantity for Net ELECTRONICALLY FILED - 2021 June 7 6:26 PM - SCPSC - Docket # 2021-88-E - Page 18 of 150 Energy for the applicable period shall be required reduced to the extent any condition arises under Section 5.1(f). If, starting with the second Contract Year, the Facility fails to deliver eighty-five percent (85%) of the Contract Quantity (as adjusted, and regarding Net Energy) in any particular Contract Year (the “Guaranteed Energy Production”), then a shortfall of Net Energy with respect to Buyer no less than such Contract Year equal to the difference between the Guaranteed Energy Production and the Net Energy actually delivered (as defined belowa “Shortfall”) shall be deemed to exist, and Seller shall pay to Buyer in any [For baseload facilities insert: “twelve respect of such Shortfall an amount equal to fifty percent (12)”] [For all facilities other than baseload facilities insert: “twenty-four (24)”] consecutive calendar month period during 50%) of the Delivery Term applicable Net Energy Rate in $/kWh specified in Attachment B for that Contract Year multiplied by the amount of the Shortfall in kWh (“Performance Measurement PeriodLiquidated Damages”), which Performance Liquidated Damages shall be paid on the monthly payment date immediately succeeding the Contract Year for which Seller’s obligation to pay such amounts arose or within 30 (thirty) days of delivery of an invoice from Buyer to Seller if the Shortfall occurred in the final Contract Year. “Guaranteed Energy Production” means Additionally, Seller shall submit a written report to Buyer and the South Carolina Office of Regulatory Staff within 30 (thirty) days after Buyer submits to Seller an amount invoice for Performance Liquidated Damages pursuant to this Section 3.5, and such report shall reasonably detail the cause of Bundled Green Energysuch Shortfall and the actions that Seller has taken or plans to take to remedy such cause going forward. Seller may adjust the quantities in Attachment C to quantities mutually agreed upon by the Parties based on final equipment selection. Seller must provide Notice to Buyer of such proposed adjustments to the quantities in Attachment C no less than six (6) months prior to the current Commercial Operation Date Deadline (based on the current Completion Deadline). To the extent that the Parties do not agree on the proposed adjustments to the quantities in Attachment C, as measured the original agreed upon quantities shall remain in MWhAttachment C. Within two (2) Business Days following the Commercial Operation Date, equal Seller shall provide Buyer with the pro-rated quantities, subject to [For wind facilities, insert “one hundred and forty percent (140%)”, [for solar facilities, insert “one hundred and sixty percent (160%)”] [for baseload facilities, insert “ninety percent (90%)”] mutual agreement of the weighted average of Parties, for Contract Year 1 and Contract Year in Attachment C. Such pro-rated quantities shall be based, for Contract Year 1, on the Contract Quantity for such Performance Measurement Period. Notwithstanding Contract Year 2, and for Contract Year , on the excuses to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a)), Seller shall be excused from achieving the Guaranteed Energy Production during any Performance Measurement Period only to the extent of any Force Majeure events, Buyer’s failure to perform, or Dispatch Down Periods. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer the Bundled Green Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of any Force Majeure events, Xxxxx’s failure to perform, or Dispatch Down PeriodsContract Quantity for Contract Year .

Contract Quantity and Guaranteed Energy Production. The quantity Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Bundled Green Net Energy for each year of the Term as set forth in Attachment C (the "Contract Quantity"); provided that Seller expects the Contract Quantity for Net Energy for the applicable period shall be reduced to be able the extent any of the following occur: (a) Interconnecting Utility outages (unless caused by Seller's action or inaction), (b) Buyer's inability to accept Net Energy (including Curtailed Energy as described in Section 5.1(f)), unless caused by Seller's action or inaction, (c) any directive of SCE&G Transmission, and (d) events of Force Majeure. If, starting with the second Contract Year, the Facility fails to deliver to Buyer during each eighty-five percent (85%) of the Contract Quantity (as adjusted, and regarding Net Energy) in any particular Contract Year is [_____] MWh [For solar facilities(the "Guaranteed Energy Production"), insert: then a shortfall of Net Energy with respect to be degraded each such Contract Year by [insert manufacturer’s degradation factor] (“Contract Quantity”). [For all facilities other than hydro facilities, insert: Throughout equal to the Delivery Term, Seller shall be required to deliver to Buyer no less than difference between the Guaranteed Energy Production and theN et Energy actually delivered (as defined belowa "Shortfall") shall be deemed to exist, and Seller shall pay to Buyer in any [For baseload facilities insert: “twelve respect of such Shortfall an amount equal to fifty percent (1250%) of the applicable Summer Months On-Peak Hours Energy Rate in $/kWh specified in Attachment B for that Contract Year multiplied by the amount of the Shortfall in kWh ("Performance Liquidated Damages")”] [For all facilities other , which Performance Liquidated Damages shall be paid on the monthly payment date immediately succeeding the Contract Year for which Seller's obligation to pay such amounts arose or within 30 (thirty) days of delivery of an invoice from Buyer to Seller if the Shortfall occurred in the final Contract Year. Seller may adjust the quantities in Attachment C to quantities mutually agreed upon by the Parties based on final equipment selection. Seller must provide Notice to Buyer of such proposed adjustments to the quantities in Attachment C no less than baseload facilities insert: “twenty-four six (24)”] consecutive calendar month period during 6) months prior to the Delivery Term current Commercial Operation Date Deadline (“Performance Measurement Period”based on the current Completion Deadline). “Guaranteed Energy Production” means an amount of Bundled Green EnergyTo the extent that the Parties do not agree on the proposed adjustments to the quantities in Attachment C, as measured the original agreed upon quantities shall remain in MWhAttachment C. Within two (2) Business Days following the Commercial Operation Date, equal Seller shall provide Buyer with the pro-rated quantities, subject to [For wind facilities, insert “one hundred and forty percent (140%)”, [for solar facilities, insert “one hundred and sixty percent (160%)”] [for baseload facilities, insert “ninety percent (90%)”] mutual agreement of the weighted average of Parties, for Contract Year 1 and Contract Year 11 in Attachment C. Such pro-rated quantities shall be based, for Contract Year 1, on the Contract Quantity for such Performance Measurement PeriodContract Year 2, and for Contract Year 11, on the Contract Quantity for Contract Year 10. Notwithstanding Within two (2) Business Days following the excuses to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a))Commercial Operation Date, Seller shall be excused from achieving also provide Buyer with the Guaranteed Energy Production during any Performance Measurement Period only Contract Quantities for the potential Additional Term, including pro-rated quantities, subject to mutual agreement of the extent of any Force Majeure eventsParties, Buyer’s failure to performfor the 3ASQ1optFfCTC.1hqAunoprQdu6aso,eoucCboSrobdachYaufrfhna1enraeaci omagfrfaln t1etnlsrtoaniolirirnrlietleao’odtaioeretariytsendrdryntnceirnciati, or Dispatch Down Periods. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer the Bundled Green Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of any Force Majeure events, Xxxxx’s failure to perform, or Dispatch Down Periods.OdFrAitetaeanohapSacsTctesteiciaigonloleoirlnrsteinydfasrsftbe’(.es 3gsbtaFPfhtrynaeaaecttdtccnareaireeixtxanlesrdinvda,ttiayylteisxt.scs.o8ufArcthtraisbe

Contract Quantity and Guaranteed Energy Production. The quantity Seller has estimated that following the Commercial Operation Date, the Facility will deliver an annual expected performance output of Bundled Green Net Energy for each year of the Term as set forth in Attachment C (the "Contract Quantity"); provided that Seller expects the Contract Quantity for Net Energy for the applicable period shall be reduced to be able the extent any of the following occur: (a) Interconnecting Utility outages (unless caused by Seller's action or inaction), (b) Buyer's inability to accept Net Energy (including Curtailed Energy as described in Section 5.1(f)), unless caused by Seller's action or inaction, (c) any directive ofSCE&G Transmission, and (d) events afForce Majeure. If, starting with the second Contract Year, the Facility fails to deliver to Buyer during each eighty-five percent (85%) of the Contract Quantity (as adjusted, and regarding Net Energy) in any particular Contract Year is [_____] MWh [For solar facilities(the "Guaranteed Energy Production"), insert: then a shortfall of Net Energy with respect to be degraded each such Contract Year by [insert manufacturer’s degradation factor] (“Contract Quantity”). [For all facilities other than hydro facilities, insert: Throughout equal to the Delivery Term, Seller shall be required to deliver to Buyer no less than difference between the Guaranteed Energy Production and the Net Energy actually delivered (as defined belowa "Shortfall") shall be deemed to exist, and Seller shall pay to Buyer in any [For baseload facilities insert: “twelve respect of such Shortfall an amount equal to fifty percent (1250%) of the applicable Summer Months On-Peak Hours Energy Rate in $/kWh specified in Attachment B for that Contract Year multiplied by the amount of the Shortfall in kWh ("Performance Liquidated Damages")”] [For all facilities other , which Performance Liquidated Damages shall be paid on the monthly payment date immediately succeeding the Contract Year for which Seller's obligation to pay such amounts arose or within 30 (thirty) days of delivery of an invoice from Buyer to Seller if the Shortfall occurred in the final Contract Year. Seller may adjust the quantities in Attachment C to quantities mutually agreed upon by the Parties based on final equipment selection. Seller must provide Notice to Buyer of such proposed adjustments to the quantities in Attachment C no less than baseload facilities insert: “twenty-four six (24)”] consecutive calendar month period during 6) months prior to the Delivery Term current Commercial Operation Date Deadline (“Performance Measurement Period”based on the current Completion Deadline). “Guaranteed Energy Production” means an amount of Bundled Green EnergyTo the extent that the Parties do not agree on the proposed adjustments to the quantities in Attachment C, as measured the original agreed upon quantities shall remain in MWhAttachment C. Within two (2) Business Days following the Commercial Operation Date, equal Seller shall provide Buyer with the pro-rated quantities, subject to [For wind facilities, insert “one hundred and forty percent (140%)”, [for solar facilities, insert “one hundred and sixty percent (160%)”] [for baseload facilities, insert “ninety percent (90%)”] mutual agreement of the weighted average of Parties, for Contract Year 1 and Contract Year 11 in Attachment C. Such pro-rated quantities shall be based, for Contract Year 1, on the Contract Quantity for such Performance Measurement PeriodContract Year 2, and for Contract Year 11, on the Contract Quantity for Contract Year 10. Notwithstanding Within two (2) Business Days following the excuses to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a))Commercial Operation Date, Seller shall be excused from achieving also provide Buyer with the Guaranteed Energy Production during any Performance Measurement Period only Contract Quantities for the potential Additional Term, including pro-rated quantities, subject to mutual agreement of the extent of any Force Majeure eventsParties, Buyer’s failure to perform, or Dispatch Down Periods. For purposes of determining whether Seller has achieved for the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer the Bundled Green Energy in the amount it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of any Force Majeure events, Xxxxx’s failure to perform, or Dispatch Down Periods.3QAS1otFfCTC.1hAunopQdu6as,eocCoCSrodachYauYrhn1n1nraieciomoagfafl t1etn0lrteoniolinrnrlietlao’oa,dioeretatrytsndryrnrnceirncati dOrFAitetaeanohapSa csTcti eseicsiaigonleoirlnsteinyfasrsftb’.es

Contract Quantity and Guaranteed Energy Production. The quantity of Bundled Green Energy that Seller expects to be able to deliver to Buyer during each Contract Year is [_____] MWh [For solar facilities, insert: to be degraded each Contract Year by [insert manufacturer’s degradation factor] (“Contract Quantity”). [For all facilities other than hydro facilities, insert: Throughout the Delivery Term, Seller shall be required to deliver to Buyer no less than the Guaranteed Energy Production (as defined below) in any [For baseload facilities insert: “twelve (12)”] [For all facilities other than baseload facilities insert: “twenty-four (24)”] consecutive calendar month period during the Delivery Term (“Performance Measurement Period”). “Guaranteed Energy Production” means an amount of Bundled Green Energy, as measured in MWh, equal to [For wind facilities, insert “one hundred and forty percent (140%)”, [for solar facilities, insert “one hundred and sixty percent (160%)”] [for baseload facilities, insert “ninety percent (90%)”] of the weighted average of the Contract Quantity for such Performance Measurement Period. Notwithstanding the excuses to performance set forth in the definition of the Product type (as such Product type is specified in Section 3.1(a)), Seller shall be excused from achieving the Guaranteed Energy Production during any Performance Measurement Period only to the extent of any Force Majeure events, Buyer’s failure to perform, or Dispatch Down Periods. For purposes of determining whether Seller has achieved the Guaranteed Energy Production, Seller shall be deemed to have delivered to Buyer the an amount of Bundled Green Energy in the amount that it could reasonably have delivered to Buyer but was prevented from delivering to Buyer by reason of any Force Majeure events, Xxxxx’s failure to perform, or Dispatch Down Periods.