Common use of Control Compensation Clause in Contracts

Control Compensation. In any calendar year, except as set forth in Section 8.10, after satisfaction of the Annual Payment Threshold, Seller shall receive compensation from Buyer for the Dispatch Down of Energy that the Facility would have generated but did not generate due to compliance with and implementation of Control Instructions, starting with the [insert amount specified in 8.9 + 1] MWh of Energy that is not so generated. Buyer shall calculate such amount payable to Seller by multiplying the Contract Price times the amount of Energy that could have been generated but was not generated due to compliance with and implementation of the Control Instruction (“Control Compensation”). The Control Compensation shall be determined using the Estimation Methodology set forth in Section 8.9.3. The Control Compensation shall be included in the invoice for the month of March commencing with the calendar year immediately following the first completed year of service and in each subsequent March invoice thereafter concluding with the calendar year immediately following the last completed year of service during the Term.

Appears in 5 contracts

Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement, Renewable Power Purchase Agreement

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