Common use of Deliveries Prior to the Commercial Operation Date Clause in Contracts

Deliveries Prior to the Commercial Operation Date. Beginning no earlier than one hundred twenty (120) days before the Scheduled Commercial Operation Date, PacifiCorp will pay Seller for Net Output delivered at the Point of Delivery before the Commercial Operation Date, an amount per MWh equal to the lower of: (a) eighty-five percent (85%) of the Firm Market Price Index for the applicable hour on the applicable day in the applicable month; and (b) eighty-five percent (85%) of the Contract Price; provided, however, that Seller’s right to receive payment for energy deliveries under this Section 5.1.1 is subject to PacifiCorp’s right of offset under Section 10.2 for, among other things, payment by Seller of any Delay Damages owed to PacifiCorp by Seller.

Deliveries Prior to the Commercial Operation Date. Beginning no earlier than one hundred twenty ninety (12090) days before the Scheduled Commercial Operation Date, PacifiCorp will pay Seller for Net Output delivered at the Point of Delivery or the Storage Facility Metering Point before the Commercial Operation Date, an amount per MWh equal to the lower of: (a) eighty-eighty- five percent (85%) of the Firm Market Price Index for the applicable hour on the applicable day in the applicable month; and (b) eighty-five percent (85%) of the Contract Price; provided, however, that Seller’s right to receive payment for energy deliveries under this Section 5.1.1 is subject to PacifiCorp’s right of offset under Section 10.2 for, among other things, payment by Seller of any Delay Damages owed to PacifiCorp by Seller.

Deliveries Prior to the Commercial Operation Date. Beginning no earlier than one hundred twenty ninety (12090) days before the Scheduled Commercial Operation Date, PacifiCorp will pay Seller for Net Output delivered at the Point of Delivery before the Commercial Operation Date, an amount per MWh equal to the lower of: (a) eighty-five percent (85%) of the Firm Market Price Index for the applicable hour on the applicable day in the applicable month; and (b) eighty-five percent (85%) of the Contract Price; provided, however, that Seller’s right to receive payment for energy deliveries under this Section 5.1.1 is subject to PacifiCorp’s right of offset under Section 10.2 for, among other things, payment by Seller of any Delay Damages owed to PacifiCorp by Seller.

Deliveries Prior to the Commercial Operation Date. Beginning no earlier than one hundred twenty ninety (12090) days before the Scheduled Commercial Operation Date, PacifiCorp will pay Seller for Net Output delivered at the Point of Delivery before the Commercial Operation Date, an amount per MWh equal to the lower of: of (ai) eighty-eighty five percent (85%) of the Firm Market Price Index for the applicable hour on the applicable day in the applicable month; and (bii) eighty-eighty five percent (85%) of the Contract Price; provided, however, that Seller’s right to receive payment for energy deliveries under this Section 5.1.1 is subject to PacifiCorp’s right of offset under Section 10.2 for, among other things, payment by Seller of any Delay Damages owed to PacifiCorp by Seller.

Deliveries Prior to the Commercial Operation Date. Beginning no earlier than one hundred twenty ninety (12090) days before the Scheduled Commercial Operation Date, PacifiCorp will pay Seller for Net Output delivered at the Point of Delivery or the Storage Facility Metering Point before the Commercial Operation Date, an amount per MWh equal to the lower of: (a) eighty-five percent (85%) of the Firm Market Price Index for the applicable hour on the applicable day in the applicable month; and (b) eighty-five percent (85%) of the Contract Price; provided, however, that Seller’s right to receive payment for energy deliveries under this Section 5.1.1 is subject to PacifiCorp’s right of offset under Section 10.2 for, among other things, payment by Seller of any Delay Damages owed to PacifiCorp by Seller.

Deliveries Prior to the Commercial Operation Date. Beginning no earlier than one hundred twenty ninety (12090) days before the Scheduled Commercial Operation Date, PacifiCorp will pay Seller for Net Output delivered at the Point of Delivery before the Commercial Operation Date, an amount per MWh equal to the lower of: (a) eighty-five percent (85%) of the Firm Market Price Index for the applicable hour on the applicable day in the applicable month; and (b) eighty-eighty- five percent (85%) of the Contract Price; provided, however, that Seller’s right to receive payment for energy deliveries under this Section 5.1.1 is subject to PacifiCorp’s right of offset under Section 10.2 for, among other things, payment by Seller of any Delay Damages owed to PacifiCorp by Seller.