Common use of Deliveries and Quantity Clause in Contracts

Deliveries and Quantity. (a) For each Designated System that has been Energized, the Delivery of at least one (1) REC from such Designated System is expected to occur to the Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, within 90 calendar days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within 180 calendar days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. For each Designated System that fails to Deliver at least (1) one REC from such Designated System by the applicable deadline, Seller must provide to Buyer and the IPA or its designee, with respect to such Designated System, a written notice within sixty (60) days of the applicable deadline to Deliver at least one (1) REC confirming that there are no technical issues, with respect to such Designated System, known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System or that such technical issues have been resolved by Seller. In the event that Seller fails to provide such written notice within sixty (60) days of the applicable deadline to Deliver at least one (1) REC, then the number of RECs associated with such Designated System shall be deemed removed from this REC Contract and Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement for such Designated System or (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System.

Deliveries and Quantity. (a) For each Designated System that has been Energized, the Delivery of at least one (1) REC from such Designated System is expected to occur to the Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, within ninety (90 calendar calendar) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180 calendar calendar) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. For each Designated System that fails to Deliver at least (1) one REC from such Designated System by the applicable deadline, Seller must provide to Buyer and the IPA or its designee, with respect to such Designated System, a written notice within sixty (60) days of the applicable deadline to Deliver at least one (1) REC confirming that there are no technical issues, with respect to such Designated System, known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System or that such technical issues have been resolved by Seller. In the event that Seller fails to provide such written notice within sixty (60) days of the applicable deadline to Deliver at least one (1) REC, then the number of ofDesignated System and the RECs associated with such Designated System shall be deemed removed from this REC Contract and. As soon as practicable after the occurrence of such failure by Seller, the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, and Schedule C to the Product Order for such Designated System indicating the removal of such Designated System from the REC Contract. Upon the occurrence of such failure, Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement for such Designated System or (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System.