Common use of Cost and Revenue Clause in Contracts

Cost and Revenue. For all tests after the Commercial Operation Date, Seller and Department shall use commercially reasonable efforts to schedule such tests during periods in which Department has Dispatched the Facility to operate. If unable to be so dispatched, then the Energy produced by Seller shall be scheduled by Seller into the Cal ISO controlled grid and Seller shall bear all costs for such test (other than Fuel costs) and receive all revenues from the sale of such Energy and the hours of operation during such test shall not be counted towards the annual limits on operating hours that Department may Dispatch. In the event that the Department is unable to dispatch the Plant during a performance test the Department requested under Section 2.02 (c), then the Department shall pay for fuel costs in excess of plant revenue during the period of the Performance Test including the start up period relevant to such test. This CONSENT AND AGREEMENT (this "Consent and Agreement"), dated as of , 20 , is executed by the Department of Water Resources, an agency of the State of California, with respect to the Department of Water Resources Electric Power Fund separate and apart from its powers and responsibilities with respect to the State Water Resources Development System ("Department"), and CalPeak Power LLC , a Delaware corporation ("Borrower") for the benefit of [AGENT], a ("Agent"), as Agent for the Lenders under the Loan Agreement (as defined below). corporation A. Borrower has entered into that certain [Construction Loan][,] [and] [Term Loan] [and Reimbursement] Agreement, dated as of , 20 , among Borrower, Agent and the Lenders named therein (the "Loan Agreement")]. B. Department and Borrower entered into that certain Power Purchase Agreement, dated as of _ , 2001 (the "Agreement"). C. Pursuant to the Security Agreement, dated as of , 20 (the "Security Agreement"), between Borrower and Agent, Borrower has assigned its interest under the Agreement to the Lenders.

Cost and Revenue. For all tests prior to the Facility Completion Date, the Energy produced by Seller shall be scheduled by Seller into the CAL ISO controlled grid and Seller shall bear all costs for such tests and receive all revenues from the sale of such Energy. For all tests after the Commercial Operation Facility Completion Date, Seller and Department shall use commercially reasonable efforts to schedule such tests during periods in which Department has Dispatched the Facility to operate. If unable to be so dispatched, then the Energy produced by Seller shall be scheduled by Seller into the Cal CAL ISO controlled grid and Seller shall bear all costs for such test (other than Fuel costs) and receive all revenues from the sale of such Energy and the hours of operation during such test shall not be counted towards the annual limits on operating hours that Department may Dispatch. In the event that the Department is unable to dispatch the Plant during a performance test the Department requested under Section 2.02 (c), then the Department shall pay for fuel costs in excess of plant revenue during the period of the Performance Test including the start up period relevant to such test. This CONSENT AND AGREEMENT (this "Consent and Agreement"), dated as of , 20 , is executed by the Department of Water Resources, an agency of the State of California, with respect to the Department of Water Resources Electric Power Fund separate and apart from its powers and responsibilities with respect to the State Water Resources Development System ("Department"), and CalPeak Power LLC , a Delaware corporation ("Borrower") for the benefit of [AGENT], a ("Agent"), as Agent for the Lenders under the Loan Agreement (as defined below). corporation A. Borrower has entered into that certain [Construction Loan][,] [and] [Term Loan] [and Reimbursement] Agreement, dated as of , 20 , among Borrower, Agent and the Lenders named therein (the "Loan Agreement")]. B. Department and Borrower entered into that certain Power Purchase Agreement, dated as of _ , 2001 (the "Agreement"). C. Pursuant to the Security Agreement, dated as of , 20 (the "Security Agreement"), between Borrower and Agent, Borrower has assigned its interest under the Agreement to the Lenders.

Cost and Revenue. For all tests prior to Commercial Operation, the Energy produced by the Seller shall be scheduled by the Seller into the CAISO controlled grid and the Seller shall bear all costs for such tests and receive all revenues from the sale of such Energy. For all tests after Commercial Operation, the Commercial Operation Date, Seller and the Department shall use commercially reasonable efforts to schedule such tests during periods in which Department has Dispatched the Facility to operate. If unable to be so dispatched, then the Energy produced by the Seller shall be scheduled by the Seller into the Cal ISO CAISO controlled grid and the Seller shall bear all costs for such test (other than Fuel costs) and receive all revenues from the sale of such Energy and the hours of operation during such test shall not be counted towards the annual limits on operating hours that Department may Dispatch. In the event that the Department is unable to dispatch the Plant Facility during a performance test the Department requested under Section 2.02 (c)2.03, then the Department shall pay for fuel costs in excess of plant revenue during the period of the Performance Test including the start up period relevant to such test. This CONSENT AND IMPLEMENTATION AGREEMENT (this "Consent and the “Agreement"”), dated as of January 23, 20 2003 by and among the ATTORNEY GENERAL OF THE STATE OF CALIFORNIA (the “Attorney General”), is executed by the Department of Water ResourcesCITY AND COUNTY OF SAN FRANCISCO (the “City”), an agency of the State of CaliforniaCALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY (the “Authority”), and the DEPARTMENT OF WATER RESOURCES with respect to its responsibilities pursuant to the Department of Water Resources Electric Power Act (as hereinafter defined) regarding the Fund (as hereinafter defined) separate and apart from its powers and responsibilities with respect to the State Water Resources Development System ("in such capacity, the “Department"), ”) (each individually a “Party” and CalPeak Power LLC , a Delaware corporation ("Borrower") for collectively the benefit of [AGENT], a ("Agent"), as Agent for the Lenders under the Loan Agreement (as defined below). corporation A. Borrower has entered into that certain [Construction Loan][,] [and] [Term Loan] [and Reimbursement] Agreement, dated as of , 20 , among Borrower, Agent and the Lenders named therein (the "Loan Agreement")]. B. Department and Borrower entered into that certain Power Purchase Agreement, dated as of _ , 2001 (the "Agreement"“Parties”). C. Pursuant to the Security Agreement, dated as of , 20 (the "Security Agreement"), between Borrower and Agent, Borrower has assigned its interest under the Agreement to the Lenders.

Cost and Revenue. For all tests prior to Commercial Operation, the Energy produced by Seller shall be scheduled by Seller into the CAL ISO controlled grid and Seller shall bear all costs for such tests and receive all revenues from the sale of such Energy. For all tests after the Commercial Operation DateOperation, Seller and Department shall use commercially reasonable efforts to schedule such tests during periods in which Department has Dispatched the Facility to operate. If unable to be so dispatched, then the Energy produced by Seller shall be scheduled by Seller into the Cal CAL ISO controlled grid and Seller shall bear all costs for such test (other than Fuel costs) and receive all revenues from the sale of such Energy and the hours of operation during such test shall not be counted towards the annual limits on operating hours that Department may Dispatch. In the event that the Department is unable to dispatch the Plant during a performance test the Department requested under Section 2.02 (c), then the Department shall pay for fuel costs in excess of plant revenue during the period of the Performance Test including the start up period relevant to such test. This CONSENT AND AGREEMENT (this "“Consent and Agreement"”), dated as of , 20 , is executed by the Department of Water Resources, an agency of the State of California, with respect to the Department of Water Resources Electric Power Fund separate and apart from its powers and responsibilities with respect to the State Water Resources Development System ("“Department"”), and CalPeak Power LLC , a Delaware corporation ("“Borrower"”) for the benefit of [AGENT], a corporation ("“Agent"”), as Agent for the Lenders under the Loan Agreement (as defined below). corporation. A. Borrower has entered into that certain [Construction Loan][,] [and] [Term Loan] [and Reimbursement] Agreement, dated as of , 20 , among Borrower, Agent and the Lenders named therein (the "“Loan Agreement"”)]. B. Department and Borrower entered into that certain Power Purchase Agreement, dated as of _ , 2001 (the "“Agreement"”). C. Pursuant to the Security Agreement, dated as of _ , 20 (the "“Security Agreement"”), between Borrower and Agent, Borrower has assigned its interest under the Agreement to the Lenders.

Cost and Revenue. For all tests prior to Commercial Operation, the Energy produced by the Seller shall be scheduled by the Seller into the CAISO controlled grid and the Seller shall bear all costs for such tests and receive all revenues from the sale of such Energy. For all tests after Commercial Operation, the Commercial Operation Date, Seller and the Department shall use commercially reasonable efforts to schedule such tests during periods in which Department has Dispatched the Facility to operate. If unable to be so dispatched, then the Energy produced by the Seller shall be scheduled by the Seller into the Cal ISO CAISO controlled grid and the Seller shall bear all costs for such test (other than Fuel costs) and receive all revenues from the sale of such Energy and the hours of operation during such test shall not be counted towards the annual limits on operating hours that Department may Dispatch. In the event that the Department is unable to dispatch the Plant Facility during a performance test the Department requested under Section 2.02 (c)2.03, then the Department shall pay for fuel costs in excess of plant revenue during the period of the Performance Test including the start up period relevant to such test. This CONSENT AND IMPLEMENTATION AGREEMENT (this "Consent and the “Agreement"”), dated as of December 31, 20 2002, is executed by and among the Department of Water ResourcesATTORNEY GENERAL OF THE STATE OF CALIFORNIA (the “Attorney General”), an agency of the State of CaliforniaKINGS RIVER CONSERVATION DISTRICT (the “District”), the CALIFORNIA CONSUMER POWER AND CONSERVATION FINANCING AUTHORITY (the “Authority”), and the DEPARTMENT OF WATER RESOURCES with respect to its responsibilities pursuant to the Department of Water Resources Electric Power Act (as hereinafter defined) regarding the Fund (as hereinafter defined) separate and apart from its powers and responsibilities with respect to the State Water Resources Development System ("in such capacity, the “Department"), ”) (each individually a “Party” and CalPeak Power LLC , a Delaware corporation ("Borrower") for collectively the benefit of [AGENT], a ("Agent"), as Agent for the Lenders under the Loan Agreement (as defined below). corporation A. Borrower has entered into that certain [Construction Loan][,] [and] [Term Loan] [and Reimbursement] Agreement, dated as of , 20 , among Borrower, Agent and the Lenders named therein (the "Loan Agreement")]. B. Department and Borrower entered into that certain Power Purchase Agreement, dated as of _ , 2001 (the "Agreement"“Parties”). C. Pursuant to the Security Agreement, dated as of , 20 (the "Security Agreement"), between Borrower and Agent, Borrower has assigned its interest under the Agreement to the Lenders.