Curtailed Energy Sample Clauses
Curtailed Energy. (A) If (i) Seller cannot deliver Solar Energy Output because of a Seller Delivery Excuse; or (ii) delivery of Solar Energy Output is curtailed by a Buyer other than as a result of an Emergency Condition, then, if permitted pursuant to Applicable Law, Seller may offer such Solar Energy Output (“Curtailed Energy”) and all Renewable Energy Benefits that would have been produced by the Facility had its generation not been so curtailed (“Curtailed Renewable Energy Benefits”) to third-parties as may be interested and able to purchase such Solar Energy Output. If Seller sells any Curtailed Energy or Curtailed Renewable Energy Benefits then the amount payable by Buyers pursuant to Section 8.1(A) shall be reduced by the net revenue received by Seller pursuant to such sale. Seller shall not be in default hereunder if it does not sell (or offer for sale) any Curtailed Energy or Curtailed Renewable Energy Benefits.
(B) The Parties shall determine the quantity of Curtailed Energy and Curtailed Renewable Energy Benefits by taking into account the following: (1) during such periods, the actual levels of solar irradiation and ambient conditions as measured at the Site, or if such data is not available, using other available data determined using Prudent Industry Practices, (2) the incremental energy that would have been produced based on ambient conditions at the Site, and (3) the actual availability of the Facility.
Curtailed Energy. During the Delivery Term, the Parties shall reasonably estimate the amount of curtailed Facility Energy that would have been realized had any curtailment of deliveries to Buyer described in Section 7.5(d) not occurred (“Curtailed Energy”), including a reasonable estimate of the amount of such Curtailed Energy attributable to Non-Compensable Curtailments (“Non-Compensable Curtailed Energy”) and the amount of such Curtailed Energy attributable to Compensable Curtailments (“Compensable Curtailed Energy”). Curtailed Energy shall be calculated pursuant to one of the following formulas, as applicable: (1) if there is an EIRP Forecast applicable to the curtailment event (A) the forecasted amount of MWh provided for in the EIRP Forecast applicable to the curtailment event, regardless of whether Seller is participating in the EIRP during the curtailment event, less (B) the amount of Facility Energy delivered to the Point of Delivery during the curtailment event, if any, or, (2) if there is no EIRP Forecast applicable to the curtailment event, (X) a forecasted amount of MWh calculated based on a mutually agreeable equation that incorporates relevant Facility availability, weather and other pertinent data for the period of time during the curtailment event in order to approximate the amount of Facility Energy that would have been delivered, less (Y) the amount of Facility Energy delivered to the Point of Delivery during the curtailment event, if any; provided that, if the applicable difference calculated pursuant to either of the formulas provided above is negative, the Curtailed Energy shall be zero (0).