Common use of DELIVERY OF POWER Clause in Contracts

DELIVERY OF POWER. 4.1 Commencing on the Effective Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp the Net Output from the QF Facility at the Point of Delivery as more particularly described in Section 4.2 hereto. 4.2 Seller shall have the option, but not the obligation, to provide and deliver to PacifiCorp at the Point of Delivery the Net Output of the Facility, in the form of non-firm energy available during any hours HE 0100 through HE 2400 MPT, Monday through Sunday, from the QF Facility (the amount of energy that Seller actually delivers to PacifiCorp from the QF Facility, whether more or less than 18,000 kW per hour, shall be referred to herein as the “Delivered Energy”). PacifiCorp shall take and pay for the Delivered Energy at the Point of Delivery subject to the pricing provisions of Section 5. 4.3 If (a) Seller desires to make an improvement to the QF Facility in a manner that will cause the Delivered Energy of the QF Facility to increase to more than 18 MWh per delivery hour on a continual basis, and (b) Seller provides PacifiCorp with engineering designs, feasibility studies and other information reasonably necessary to document the proposed improvement and Seller’s actual intention to make it, the Parties shall negotiate in good faith in an attempt to reach agreement on any appropriate changes to this Agreement. In the event this Agreement is modified in accordance with this section, the modified Agreement shall be filed with the Commission for approval. In the event the parties are unable to reach such agreement, either Party may petition the Commission for any appropriate determination or relief. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's interconnection facilities or electric system occasioned by or related to the interconnection of the QF Facility with PacifiCorp’s system, or any increase in generating capability of the QF Facility shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing on the Effective Commercial Operation Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp the entire Net Output up to the Net Dependable Capacity Dispatched by PacifiCorp from the QF Facility at the Point of Delivery as more particularly described in Section 4.2 heretoDelivery. 4.2 If Seller fails to meet a ninety percent (90%) monthly Availability Factor during a Billing Period for Scheduled Deliveries of the Net Dependable Capacity, Seller’s Fixed Capacity Payment for the Billing Period will be adjusted pursuant to Section 5.1.2. No Scheduled Deliveries shall be scheduled by PacifiCorp from the Facility during Scheduled Maintenance Periods without Seller’s consent. 4.3 PacifiCorp shall not Dispatch, and Seller shall have the option, but not the obligation, be required to provide more than two (2) Facility Start-ups in any calendar day, and deliver Seller shall not be required to PacifiCorp at provide more than 260 Start-ups in any Contract Year. PacifiCorp’s Dispatch of Net Dependable Capacity from the Point Facility shall be in accordance with the limitations on start time and other limitations and requirements as set forth from time to time in the turbine manufacturer’s recommended operating procedures and bulletins and as otherwise established or recommended in writing by the turbine manufacturer. 4.4 Upon completion of Delivery the Net Output construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As-built Supplement must be reviewed and certified by a Licensed Professional Engineer. Seller generally shall design the plant in conformance with the form of non-firm energy available during any hours HE 0100 through HE 2400 MPTNameplate Capacity Rating specified in Exhibit A and will not substantially modify, Monday through Sundayreplace, from or add to existing equipment in such a manner as to exceed the QF Facility (the amount of energy that Seller actually delivers Nameplate Capacity Rating, except with written notice to PacifiCorp from the QF Facility, whether more or less than 18,000 kW per hour, shall be referred to herein as the “Delivered Energy”). PacifiCorp shall take and pay for the Delivered Energy at the Point of Delivery subject provided eighteen (18) months prior to the pricing provisions date of Section 5. 4.3 If (a) Seller desires financial closing or the date that a notice to make an improvement proceed is provided to the QF Facility in a manner that will cause the Delivered Energy of the QF Facility to increase to more than 18 MWh per delivery hour on a continual basis, and (b) Seller provides PacifiCorp with engineering designs, feasibility studies and other information reasonably necessary to document the proposed improvement and Seller’s actual intention to make it, the Parties shall negotiate in good faith in an attempt to reach agreement on any appropriate changes to this Agreement. In the event this Agreement is modified in accordance with this section, the modified Agreement shall be filed with the Commission for approval. In the event the parties are unable to reach such agreement, either Party may petition the Commission contractor for any appropriate determination such modification, replacement or reliefaddition of equipment, whichever is earlier. To the extent not otherwise provided in the Generation Interconnection Agreement, all The costs associated with the modifications to PacifiCorp's ’s interconnection facilities or electric system occasioned by or related to the interconnection of the QF Facility with PacifiCorp’s system, or any increase in generating capability of the QF Facility shall be borne by Sellerthe Parties as set out in the Generation Interconnection Agreement. 4.5 To assist in the start up and testing of the Facility, PacifiCorp will take all energy generated in connection with the startup and testing of the Facility prior to the Commercial Operation Date (“Test Energy”). PacifiCorp will pay Seller for the Test Energy at the price specified in Section 5.2 for energy that is not generated pursuant to a Scheduled Delivery. 4.6 PacifiCorp will Dispatch the Facility as part of its resource portfolio in accordance with its normal business practices subject to the individual operating characteristics of the generating plants or terms and conditions of its power purchase agreements. 4.7 PacifiCorp shall not be obligated to purchase, receive or pay for energy that is not delivered to the Point of Delivery (a) during times and to the extent that such energy is not delivered because the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, (b) during times and to the extent that such energy is not delivered because the Transmission Provider Curtails (as defined in the Tariff) Network Integration Transmission Service (as defined in the Tariff) to PacifiCorp pursuant to the terms of the Tariff, or (c) during times and to the extent that an event of Force Majeure prevents either Party from delivering or receiving such energy.

DELIVERY OF POWER. 4.1 Commencing on the Effective Commercial Operation Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp the entire Net Output scheduled by PacifiCorp from the QF Facility at the Point of Delivery as more particularly described in Section 4.2 heretoDelivery. 4.2 Seller shall have meet an eighty-five percent (85%) monthly availability factor for Scheduled Deliveries. For the optionpurpose of this section, but Scheduled Maintenance Periods shall be excluded from the calculation of the monthly availability factor, except if the Scheduled Maintenance Period shall extend for a full calendar month or more, the monthly availability factor for such calendar month shall be deemed to be eighty-five percent (85%). An example of how the availability factor is calculated is attached hereto and made a part hereof as Exhibit K. 4.3 Absent agreement of the parties otherwise, PacifiCorp shall not the obligationschedule and Seller shall not deliver less than eighty percent (80%) of Net Dependable Capacity during any Scheduled Deliveries, and PacifiCorp shall not schedule and Seller shall not be required to provide and deliver to PacifiCorp at the Point more than two (2) Facility starts in any calendar day. 4.4 Upon completion of Delivery the Net Output construction of the Facility, in Seller shall provide PacifiCorp an As-built Supplement to specify the form actual Facility as built. The As-built Supplement must be reviewed and certified by a Licensed Professional Engineer pursuant to Section 2.3.5 of non-firm energy available during any hours HE 0100 through HE 2400 MPT, Monday through Sunday, from the QF Facility (the amount of energy that Seller actually delivers to PacifiCorp from the QF Facility, whether more or less than 18,000 kW per hour, shall be referred to herein as the “Delivered Energy”). PacifiCorp shall take and pay for the Delivered Energy at the Point of Delivery subject to the pricing provisions of Section 5. 4.3 If (a) Seller desires to make an improvement to the QF Facility in a manner that will cause the Delivered Energy of the QF Facility to increase to more than 18 MWh per delivery hour on a continual basis, and (b) Seller provides PacifiCorp with engineering designs, feasibility studies and other information reasonably necessary to document the proposed improvement and Seller’s actual intention to make it, the Parties shall negotiate in good faith in an attempt to reach agreement on any appropriate changes to this Agreement. In Seller generally shall design the event this Agreement is modified plant in accordance with this section, the modified Agreement shall be filed conformance with the Commission for approval. In Nameplate Capacity Rating specified in Exhibit A and will not substantially modify, replace, or add to existing equipment, except with the event the parties are unable to reach such agreement, either Party may petition the Commission for any appropriate determination or reliefwritten consent of PacifiCorp. To the extent not otherwise provided in the Generation Interconnection Agreement, all costs associated with the modifications to PacifiCorp's ’s interconnection facilities or electric system occasioned by or related to the interconnection of the QF Facility with PacifiCorp’s system, or any increase in generating capability of the QF Facility Facility, or any increase of delivery of Net Dependable Capacity from the Facility, shall be borne by Seller.

DELIVERY OF POWER. 4.1 Commencing on the Effective Commercial Operation Date and continuing through the term of this Agreement, Seller shall sell and make available to PacifiCorp the entire Net Output up to the Net Dependable Capacity Dispatched by PacifiCorp from the QF Facility at the Point of Delivery as more particularly described in Section 4.2 heretoDelivery. 4.2 If Seller fails to meet a ninety percent (90%) monthly Availability Factor during a Billing Period for Scheduled Deliveries of the Net Dependable Capacity, Seller’s Fixed Capacity Payment for the Billing Period will be adjusted pursuant to Section 5.1.2. No Scheduled Deliveries shall be scheduled by PacifiCorp from the Facility during Scheduled Maintenance Periods without Seller’s consent. 4.3 PacifiCorp shall not Dispatch, and Seller shall have the option, but not the obligation, be required to provide more than two (2) Facility Start-ups in any calendar day, and deliver Seller shall not be required to PacifiCorp at provide more than 260 Start-ups in any Contract Year. PacifiCorp’s Dispatch of Net Dependable Capacity from the Point Facility shall be in accordance with the limitations on start time and other limitations and requirements as set forth from time to time in the turbine manufacturer’s recommended operating procedures and bulletins and as otherwise established or recommended in writing by the turbine manufacturer.‌ 4.4 Upon completion of Delivery the Net Output construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As-built Supplement must be reviewed and certified by a Licensed Professional Engineer. Seller generally shall design the plant in conformance with the form of non-firm energy available during any hours HE 0100 through HE 2400 MPTNameplate Capacity Rating specified in Exhibit A and will not substantially modify, Monday through Sundayreplace, from or add to existing equipment in such a manner as to exceed the QF Facility (the amount of energy that Seller actually delivers Nameplate Capacity Rating, except with written notice to PacifiCorp from the QF Facility, whether more or less than 18,000 kW per hour, shall be referred to herein as the “Delivered Energy”). PacifiCorp shall take and pay for the Delivered Energy at the Point of Delivery subject provided eighteen (18) months prior to the pricing provisions date of Section 5. 4.3 If (a) Seller desires financial closing or the date that a notice to make an improvement proceed is provided to the QF Facility in a manner that will cause the Delivered Energy of the QF Facility to increase to more than 18 MWh per delivery hour on a continual basis, and (b) Seller provides PacifiCorp with engineering designs, feasibility studies and other information reasonably necessary to document the proposed improvement and Seller’s actual intention to make it, the Parties shall negotiate in good faith in an attempt to reach agreement on any appropriate changes to this Agreement. In the event this Agreement is modified in accordance with this section, the modified Agreement shall be filed with the Commission for approval. In the event the parties are unable to reach such agreement, either Party may petition the Commission contractor for any appropriate determination such modification, replacement or reliefaddition of equipment, whichever is earlier. To the extent not otherwise provided in the Generation Interconnection Agreement, all The costs associated with the modifications to PacifiCorp's ’s interconnection facilities or electric system occasioned by or related to the interconnection of the QF Facility with PacifiCorp’s system, or any increase in generating capability of the QF Facility shall be borne by Sellerthe Parties as set out in the Generation Interconnection Agreement. 4.5 To assist in the start up and testing of the Facility, PacifiCorp will take all energy generated in connection with the startup and testing of the Facility prior to the Commercial Operation Date (“Test Energy”). PacifiCorp will pay Seller for the Test Energy at the price specified in Section 5.2 for energy that is not generated pursuant to a Scheduled Delivery.‌ 4.6 PacifiCorp will Dispatch the Facility as part of its resource portfolio in accordance with its normal business practices subject to the individual operating characteristics of the generating plants or terms and conditions of its power purchase agreements. 4.7 PacifiCorp shall not be obligated to purchase, receive or pay for energy that is not delivered to the Point of Delivery (a) during times and to the extent that such energy is not delivered because the interconnection between the Facility and the System is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, (b) during times and to the extent that such energy is not delivered because the Transmission Provider Curtails (as defined in the Tariff) Network Integration Transmission Service (as defined in the Tariff) to PacifiCorp pursuant to the terms of the Tariff, or (c) during times and to the extent that an event of Force Majeure prevents either Party from delivering or receiving such energy.