Common use of Curtailment Clause in Contracts

Curtailment. 8.1. Producer shall promptly curtail the production of the Generating Facility: (i) upon Notice from SCE that SCE has been instructed by the CAISO or the Transmission Provider to curtail energy deliveries; (ii) upon Notice that Producer has been given a curtailment order or similar instruction in order to respond to an Emergency; (iii) if no CAISO Schedule was awarded in either the Day-Ahead Market or the Real-Time Market and SCE notifies Producer to curtail the production of the Generating Facility; or (iv) if SCE issues an OSGC Order. 8.2. For each day of the Term, if no CAISO Schedule is awarded for the Forecasted energy in both the Day-Ahead Market and Real-Time Market for such day, and the Generating Facility has not been curtailed pursuant to Section 8.1(i) or (ii), then, so long as Producer's actual availability establishes that the Generating Facility would have been able to deliver but for the fact an CAISO Schedule was not awarded, SCE shall pay Producer the Product Price, as adjusted by Appendix G, for the amount of energy Producer would have been able to deliver but for the fact that Producer did not receive an CAISO Schedule. The amount of energy that could have been delivered will be determined in accordance with Section 8.4. 8.3. If SCE bids the energy from the Generating Facility into the Day-Ahead Market or Real-Time Market and the CAISO awards an CAISO Schedule as a result of that bid, SCE shall have the right, but not the obligation, to order Producer to curtail the delivery of energy (an "Over­Schedule Generation Curtailment Order" or "OSGC Order") in excess of an CAlSO Schedule awarded pursuant to this Section 8.3 (the "Over-Schedule Generation Curtailment Quantity" or "OSGC Quantity"). SCE shall pay Producer the Product Price, as adjusted by Appendix G, for the OSGC Quantity Producer would have been able to deliver but for the fact that SCE issued an OSGC Order. The amount of energy that could have been delivered will be determined in accordance with Section 8.4. 8.4. SCE shall estimate the amount of energy the Generating Facility would have been able to deliver under Sections 8.2 and 8. 3. SCE shall apply accepted industry standards in making such an estimate and take into consideration the actual availability of the Generating Facility, past performance of the Generating Facility, meteorological data, solar irradiance data (if applicable), and any other relevant information. Producer shall cooperate with SCE's requests for information associated with any estimate made hereunder. SCE's estimates under this Section 8 for the amount of energy that the Generating Facility would have been able to deliver under Sections 8.2 and 8.3 will be determined in SCE's sole discretion.

Curtailment. 8.19.1. Producer shall promptly curtail the production of the Generating Facility: (i) upon Notice from SCE that SCE has been instructed by the CAISO or the Transmission Provider to curtail energy deliveries; (ii) upon Notice that Producer has been given a curtailment order or similar instruction in order to respond to an Emergency; (iii) if no CAISO Schedule was awarded in either the Day-Ahead Market or the Real-Time Market Market, and SCE notifies Producer provides notice, telephonic or otherwise, to curtail the production of the Generating Facility; or (iv) if SCE issues an OSGC Order. 8.29.2. For each day of the Term, if no CAISO Schedule is awarded for the Forecasted energy in both the Day-Day- Ahead Market and Real-Time Market for such day, and the Generating Facility has not been curtailed pursuant to Section 8.1(i9.1(i) or (ii), then, so long as Producer's ’s actual availability establishes that the Generating Facility would have been able to deliver but for the fact an CAISO a Schedule was not awarded, SCE shall pay Producer the Product Price, as adjusted by Appendix GE, for the amount of energy Producer would have been able to deliver but for the fact that Producer did not receive an CAISO a Schedule. The amount of energy that could have been delivered will be determined in accordance with Section 8.49.4. 8.39.3. If SCE bids the energy from the Generating Facility into the Day-Ahead Market or Real-Time Market and the CAISO awards an CAISO a Schedule as a result of that bid, SCE shall have the right, but not the obligation, to order Producer to curtail the delivery of energy (an "Over­Schedule “Over-Schedule Generation Curtailment Order" ” or "“OSGC Order"”) in excess of an CAlSO a Schedule awarded pursuant to this Section 8.3 9.3 (the "“Over-Schedule Generation Curtailment Quantity" ” or "“OSGC Quantity"”). SCE shall pay Producer the Product Price, as adjusted by Appendix GE, for the OSGC Quantity Producer would have been able to deliver but for the fact that SCE issued an OSGC Order. The amount of energy that could have been delivered will be determined in accordance with Section 8.49.4. 8.49.4. SCE shall estimate the amount of energy the Generating Facility would have been able to deliver under Sections 8.2 9.2 and 8. 39.3. SCE shall apply accepted industry standards in making such an estimate and take into consideration the actual availability of the Generating FacilityPhotovoltaic Modules, past performance of the Generating Facility, meteorological data, solar irradiance data (if applicable)data, and any other relevant information. Producer shall cooperate with SCE's ’s requests for information associated with any estimate made hereunder. SCE's ’s estimates under this Section 8 9.4 for the amount of energy that the Generating Facility would have been able to deliver under Sections 8.2 9.2 and 8.3 9.3 will be determined in SCE's ’s sole discretion.

Curtailment. 8.1. Producer shall promptly curtail In the production of event the Generating Facility: (i) upon Notice from SCE that SCE has been instructed Facility is curtailed due to a Force Majeure Event, by the CAISO or the Transmission Provider transmission owner, or for any reason other than Buyer’s sole action or inaction, Seller shall not be liable for failure to deliver such curtailed energy and Buyer shall not be obligated to pay for such curtailed energy. Buyer shall have the right to order Seller to curtail energy deliveries; (ii) upon Notice deliveries of Generating Facility Energy, provided that Producer has been given a curtailment order or similar instruction Buyer shall pay Seller for all Deemed Delivered Energy associated with such Buyer-directed curtailments in order to respond to an Emergency; (iii) if no CAISO Schedule was awarded in either the Day-Ahead Market or the Real-Time Market and SCE notifies Producer to curtail the production excess of the Generating Facility; or (iv) if SCE issues an OSGC Order. 8.2Curtailment Cap at the Renewable Rate, subject to the Annual Excess Energy provisions. For each day of the TermIn addition, if no CAISO Schedule the Parties have agreed that Seller is awarded for entitled to the Forecasted energy in both the Day-Ahead Market and Real-Time Market for such dayPTC Amount, and the Generating Facility has PTC is applicable to the Facility, during the period (not been curtailed pursuant to Section 8.1(iexceed a total of one hundred twenty (120) or consecutive months) in which Seller is receiving PTCs, Buyer shall also pay the PTC Amount for Deemed Delivered Energy until the sum of Delivered Energy plus the amount of Deemed Delivered Energy exceeds one hundred percent (ii)100%) of the Expected Energy for such Contract Year. “Curtailment Cap” is the yearly quantity per Contract Year, thenin MWh, so long as Producer's actual availability establishes equal to fifty (50) hours multiplied by the Guaranteed Capacity. “Deemed Delivered Energy” means the amount of Energy expressed in MWh that the Generating Facility would have been able produced and delivered to deliver the Storage Facility or the Delivery Point, but for the fact an CAISO Schedule was that is not awarded, SCE shall pay Producer the Product Price, as adjusted produced by Appendix G, for the amount of energy Producer would have been able to deliver but for the fact that Producer did not receive an CAISO Schedule. The amount of energy that could have been delivered will be determined in accordance with Section 8.4. 8.3. If SCE bids the energy from the Generating Facility into the Daydue to a Buyer-Ahead Market or Real-Time Market and directed curtailment, which amount shall be calculated using the CAISO awards VER forecast or an CAISO Schedule industry-standard methodology agreed to by Buyer and Seller that utilizes meteorological conditions on Site as a result of that bid, SCE shall have the right, but not the obligation, to order Producer to curtail the delivery of energy (an "Over­Schedule Generation Curtailment Order" or "OSGC Order") in excess of an CAlSO Schedule awarded pursuant to this Section 8.3 (the "Over-Schedule Generation Curtailment Quantity" or "OSGC Quantity"). SCE shall pay Producer the Product Price, as adjusted by Appendix G, input for the OSGC Quantity Producer would have been able to deliver but for the fact that SCE issued an OSGC Order. The amount period of energy that could have been delivered will be determined in accordance with Section 8.4time during such Buyer-directed curtailments. 8.4. SCE shall estimate the amount of energy the Generating Facility would have been able to deliver under Sections 8.2 and 8. 3. SCE shall apply accepted industry standards in making such an estimate and take into consideration the actual availability of the Generating Facility, past performance of the Generating Facility, meteorological data, solar irradiance data (if applicable), and any other relevant information. Producer shall cooperate with SCE's requests for information associated with any estimate made hereunder. SCE's estimates under this Section 8 for the amount of energy that the Generating Facility would have been able to deliver under Sections 8.2 and 8.3 will be determined in SCE's sole discretion.

Curtailment. 8.1. Producer (a) Except as specifically set forth in this Section 2.4 and Section 2.6 and Exhibit K, payment shall promptly only be made under this Agreement for Product actually delivered. (b) Seller may elect to curtail delivery of output from the production Facility, in whole or in part, in any hour that does not qualify as Buyer Curtailment for managing the intermittency of the Generating resource to reduce uninstructed or other deviations. (c) Buyer may curtail delivery of output from the Facility at any time and for the duration specified by Buyer (“Buyer Curtailment”) provided that Buyer provides sufficient notice to Seller for the alteration of a Day Ahead Schedule, and in no event less than 10 minutes before such schedule must be submitted. Notwithstanding any such Buyer Curtailment, Seller may, but is not required, to schedule Output from the Facility into CAISO during any Buyer Curtailment, in whole or in part, and, unless otherwise provided under Section 2.3(c), Buyer will pay Seller for Lost Output as set forth in this Section 2.4(c), Buyer will be exempted from any incremental CAISO charges for which it would otherwise be responsible pursuant to Section 2.7, and Buyer shall receive no Product during any such Settlement Period from the Facility: (i) upon Notice from SCE that SCE has been instructed by . In its Buyer Curtailment notice to Seller, Buyer shall indicate the CAISO or the Transmission Provider to curtail energy deliveries; (ii) upon Notice that Producer has been given a curtailment order or similar instruction in order to respond to an Emergency; (iii) if no CAISO Schedule was awarded in either the Day-Ahead Market or the Real-Time Market and SCE notifies Producer to curtail the production duration of the Generating Facility; or Buyer Curtailment period, which shall be for a minimum of thirty (iv30) if SCE issues an OSGC Order. 8.2. For each day of the Term, if no CAISO Schedule is awarded for the Forecasted energy in both the Day-Ahead Market and Real-Time Market for such dayminutes, and the Generating time at which Buyer requests Seller to resume delivery of the output from the Facility has not been curtailed pursuant to Section 8.1(iBuyer. To the extent Buyer requests any change in the duration of the requested curtailment period, Seller shall effectuate any such change no later than ten (10) or minutes following notice from Buyer’s notification to Seller of the proposed change to curtailment. Seller shall respond to a Buyer Curtailment notice (ii), then, so long as Producer's actual availability establishes that including the Generating Facility would have been able to deliver but for the fact an CAISO Schedule was not awarded, SCE shall pay Producer the Product Price, as adjusted by Appendix G, for the amount end of energy Producer would have been able to deliver but for the fact that Producer did not receive an CAISO Schedule. The amount of energy that could have been delivered will be determined such curtailment periods) in accordance with Section 8.4. 8.3. If SCE bids Good Industry Practice and consistent with the energy from the Generating Facility into the DayFacility’s operational characteristics as then-Ahead Market or Real-Time Market and currently modeled in the CAISO awards an CAISO Schedule as a result of that bid, SCE shall have the right, but not the obligation, to order Producer to curtail the delivery of energy (an "Over­Schedule Generation Curtailment Order" or "OSGC Order") in excess of an CAlSO Schedule awarded pursuant to this Section 8.3 (the "Over-Schedule Generation Curtailment Quantity" or "OSGC Quantity")Master File. SCE Buyer shall pay Producer Seller, on the Product Pricedate payment would otherwise be due in respect of each month in which any Buyer Curtailment occurred, as adjusted by Appendix Gan amount equal to the product of (1) the Lost Output during any Buyer Curtailment, for the OSGC Quantity Producer would have been able to deliver but for the fact that SCE issued an OSGC Order. The amount of energy that could have been delivered will be determined in accordance with Section 8.4. 8.4. SCE shall estimate the amount of energy the Generating Facility would have been able to deliver under Sections 8.2 and 8. 3. SCE shall apply accepted industry standards in making such an estimate and take into consideration the actual availability of the Generating Facility, past performance of the Generating Facility, meteorological data, solar irradiance data (if applicable), and any other relevant information. Producer shall cooperate with SCE's requests for information associated with any estimate made hereunder. SCE's estimates under this Section 8 for the amount of energy that the Generating Facility would have been able to deliver under Sections 8.2 and 8.3 will be determined in SCE's sole discretion.and