Common use of Delivery Term Clause in Contracts

Delivery Term. “Delivery Term” shall mean the period of twenty (20) Contract Years beginning on the first date that Seller delivers Product to Buyer from the Project (“Initial Energy Delivery Date”) in connection with this Agreement and continuing until the end of the twentieth Contract Year unless terminated as provided by the terms of this Agreement. The Initial Energy Delivery Date shall occur as soon as practicable once all of the following have been satisfied: (A) the Commercial Operation Date has occurred; (B) Buyer shall have received and accepted the Delivery Term Security in accordance with the relevant provisions of Article Eight of the Agreement, as applicable; (C) Seller shall have obtained the requisite CEC Certification and Verification for the Project; (D) all of the applicable Conditions Precedent in Section 2.4(a) of the Agreement have been satisfied or waived in writing, and (E) Buyer shall have received written notice from the CAISO that the Project is certified as a Participating Intermittent Resource to the extent such status is available at such time as the conditions in subsections (A) through (D) of this Section 3.1(c) are satisfied. If subsection (E) is applicable, Seller shall obtain such certification no later than one hundred twenty (120) days following the Commercial Operation Date. As evidence of the Initial Energy Delivery Date, the Parties shall execute and exchange the “Initial Energy Delivery Date Confirmation Letter” attached hereto as Appendix II on the Initial Energy Delivery Date. Eighteen (18) months prior to the anticipated conclusion of the Delivery Term, the Parties shall provide notice of their intentions with respect to the Project, including if desired, any proposed extension of this Agreement.

Delivery Term. The Parties shall specify and agree to the period of Product delivery for the “Delivery Term,” as defined herein, by checking one of the following boxes:  Delivery shall be for a period of ten (10) Contract Years.  Delivery shall be for a period of fifteen (15) Contract Years. Delivery shall be for a period of twenty (20) Contract Years.  Non-standard Delivery shall be for a period of ____ Contract Years. [If the “Non-standard Delivery” is selected, Parties must apply to the CPUC justifying the need for non-standard delivery.] As used herein, “Delivery Term” shall mean the period of twenty (20) Contract Years specified in the immediately preceding sentence beginning on the first date that Seller delivers Product to Buyer from the Project (“Initial Energy Delivery Date”) in connection with this Agreement and continuing until the end of the twentieth [insert term to correspond to term checked above] Contract Year unless terminated as provided by the terms of this Agreement. The Initial Energy Delivery Date shall not occur as soon as practicable once until all of the following have been satisfied: (Ai) the Commercial Operation Date has occurred; (Bii) Buyer shall have received and accepted the Delivery Term Security in accordance with the relevant provisions of Article Eight of the Agreement, as applicable; , (C) Seller shall have obtained the requisite CEC Certification and Verification for the Project; (Diii) all of the applicable Conditions Precedent in Section 2.4(a) Article Eleven of the Agreement have been satisfied or waived in writing, and (Eiv) Buyer shall have received written notice from the CAISO that the Project is certified as a Participating Intermittent Resource to the extent such status is available at such time as the conditions in subsections (A) through (D) of this Section 3.1(c) are satisfied. If subsection (E) is applicable, Seller shall obtain such certification no later than one hundred twenty (120) days following the Commercial Operation DateResource. As evidence of the Initial Energy Delivery Date, the Parties shall execute and exchange the “Initial Energy Delivery Date Confirmation Letter” attached hereto as Appendix II on the Initial Energy Delivery Date. Eighteen (18) months prior to the anticipated conclusion of the Delivery Term, the Parties shall provide notice of their intentions with respect to the Project, including if desired, any proposed extension of this Agreement.

Delivery Term. “Delivery Term” shall mean the period of twenty (20) Contract Years indicated on the Cover Sheet, beginning on the first date that Seller delivers Product to Buyer from the Project (“Initial Energy Delivery Date”) in connection with this Agreement and continuing until the end of the tenth, fifteenth or twentieth Contract Year (as applicable, based on the Cover Sheet election) unless terminated as provided by the terms of this Agreement. The Initial Energy Delivery Date shall occur as soon as practicable once all of the following have been satisfied: (A) the Commercial Operation Date has occurred; (B) Buyer shall have received and accepted the Delivery Term Security in accordance with the relevant provisions of Article Eight of the Agreement, as applicable; (C) Seller shall have obtained the requisite CEC Certification and Verification for the Project; (D) all of the applicable Conditions Precedent in Section 2.4(a) of the Agreement have been satisfied or waived in writing, and (E) Buyer shall have received written notice from the CAISO that the Project is certified as a Participating Intermittent Resource to the extent such status is available at such time as the conditions in subsections (A) through (D) of this Section 3.1(c) are satisfied; provided that, for an Existing Project, the Initial Energy Delivery Date shall occur no earlier than thirty (30) days before the Expected Initial Energy Delivery Date. If subsection (E) is applicable, Seller shall obtain such certification no later than one hundred twenty (120) days following the Commercial Operation Date. As evidence of the Initial Energy Delivery Date, the Parties shall execute and exchange the “Initial Energy Delivery Date Confirmation Letter” attached hereto as Appendix II on the Initial Energy Delivery Date. Eighteen (18) months prior to the anticipated conclusion of the Delivery Term, the Parties shall provide notice of their intentions with respect to the Project, including if desired, any proposed extension of this Agreement.

Delivery Term. The Parties shall specify and agree to the period of Product delivery for the “Delivery Term,” as defined herein, by checking one of the following boxes:  Delivery shall be for a period of ten (10) Contract Years.  Delivery shall be for a period of fifteen (15) Contract Years. Delivery shall be for a period of twenty (20) Contract Years.  Non-standard Delivery shall be for a period of ____ Contract Years. [Seller to indicate Non-standard Delivery Term and insert number of Contract Years or fraction thereof.] As used herein, “Delivery Term” shall mean the period of twenty (20) Contract Years specified above beginning on [__________] [Seller to insert the first date that Seller delivers will deliver Product to Buyer from the Project Project] (“Initial Energy Delivery Date”) in connection with this Agreement and continuing until the end of the twentieth [insert term to correspond to term checked above] Contract Year unless terminated as provided by the terms of this Agreement. The Notwithstanding the previous sentence, the Initial Energy Delivery Date shall not occur as soon as practicable once until all of the following have been satisfied: (Ai) the Commercial Operation Date has occurred; (B) [Buyer shall have received and accepted the Delivery Term Security in accordance with the relevant provisions of Article Eight of the Agreement, as applicable] [Seller to delete if Delivery Term is less than one year]; [and] (C) Seller shall have obtained the requisite CEC Certification and Verification for the Project; (Dii) all of the applicable Conditions Precedent in Section 2.4(a) Article Eleven of the Agreement have been satisfied or waived in writing, [and (Eiii) Buyer shall have received written notice from the CAISO that the Project is certified as a Participating Intermittent Resource to the extent such status is available at such time as the conditions in subsections (Ai) through – (Diii) of this Section 3.1(c) are satisfied. If subsection (E) is applicable, Seller shall obtain such certification no later than one hundred twenty (120) days following the Commercial Operation Date. As evidence of the Initial Energy Delivery Date, the Parties shall execute and exchange the “Initial Energy Delivery Date Confirmation Letter” attached hereto as Appendix II on the Initial Energy Delivery Date. Eighteen (18) months prior to the anticipated conclusion of the Delivery Term, the Parties shall provide notice of their intentions with respect to the Project, including if desired, any proposed extension of this Agreement.].

Delivery Term. The Parties shall specify and agree to the period of Product delivery for the “Delivery Term,” as defined herein, by checking one of the following boxes:  Delivery shall be for a period of ten (10) Contract Years.  Delivery shall be for a period of fifteen (15) Contract Years.  Delivery shall be for a period of twenty (20) Contract Years.  Non-standard Delivery shall be for a period of ____ Contract Years. [If the “Non-standard Delivery” is selected, Parties must apply to the CPUC justifying the need for non-standard delivery.] As used herein, “Delivery Term” shall mean the period of twenty (20) Contract Years specified in the immediately preceding sentence beginning on the first date that Seller delivers Product to Buyer from the Project (“Initial Energy Delivery Date”) in connection with this Agreement and continuing until the end of the twentieth [insert term to correspond to term checked above] Contract Year unless terminated as provided by the terms of this Agreement. The Initial Energy Delivery Date shall not occur as soon as practicable once until all of the following have been satisfied: (Ai) the Commercial Operation Date has occurred; (Bii) Buyer shall have received and accepted the Delivery Term Security in accordance with the relevant provisions of Article Eight of the Agreement, as applicable; , and (C) Seller shall have obtained the requisite CEC Certification and Verification for the Project; (Diii) all of the applicable Conditions Precedent in Section 2.4(a) Article Eleven of the Agreement have been satisfied or waived in writing, and (E) Buyer shall have received written notice from the CAISO that the Project is certified as a Participating Intermittent Resource to the extent such status is available at such time as the conditions in subsections (A) through (D) of this Section 3.1(c) are satisfied. If subsection (E) is applicable, Seller shall obtain such certification no later than one hundred twenty (120) days following the Commercial Operation Date. As evidence of the Initial Energy Delivery Date, the Parties shall execute and exchange the “Initial Energy Delivery Date Confirmation Letter” attached hereto as Appendix II on the Initial Energy Delivery Date. Eighteen (18) months prior to the anticipated conclusion of the Delivery Term, the Parties shall provide notice of their intentions with respect to the Project, including if desired, any proposed extension of this Agreement.

Delivery Term. The Parties shall specify and agree to the period of Product delivery for the “Delivery Term,” as defined herein, by checking one of the following boxes:  Delivery shall be for a period of ten (10) Contract Years.  Delivery shall be for a period of fifteen (15) Contract Years. Delivery shall be for a period of twenty (20) Contract Years.  Non-standard Delivery shall be for a period of ____ Contract Years. [If the “Non-standard Delivery” Delivery Term is selected, Parties need to apply to the CPUC justifying the need for non-standard delivery.] As used herein, “Delivery Term” shall mean the period of twenty (20) Contract Years specified above beginning on the first date that Seller delivers Product to Buyer from the Project (“Initial Energy Delivery Date”) in connection with this Agreement and continuing until the end of the twentieth [insert term to correspond to term checked above] Contract Year unless terminated as provided by the terms of this Agreement. The Initial Energy Delivery Date shall not occur as soon as practicable once until all of the following have been satisfied: (Ai) the Commercial Operation Date has occurred; (Bii) Buyer shall have received and accepted the Delivery Term Security in accordance with the relevant provisions of Article Eight of the Agreement, as applicable; , and (C) Seller shall have obtained the requisite CEC Certification and Verification for the Project; (Diii) all of the applicable Conditions Precedent in Section 2.4(a) Article Eleven of the Agreement have been satisfied or waived in writing, and (E) Buyer shall have received written notice from the CAISO that the Project is certified as a Participating Intermittent Resource to the extent such status is available at such time as the conditions in subsections (A) through (D) of this Section 3.1(c) are satisfied. If subsection (E) is applicable, Seller shall obtain such certification no later than one hundred twenty (120) days following the Commercial Operation Date. As evidence of the Initial Energy Delivery Date, the Parties shall execute and exchange the “Initial Energy Delivery Date Confirmation Letter” attached hereto as Appendix II on the Initial Energy Delivery Date. Eighteen (18) months prior to the anticipated conclusion of the Delivery Term, the Parties shall provide notice of their intentions with respect to the Project, including if desired, any proposed extension of this Agreement.

Delivery Term. “Delivery Term” shall mean the period of twenty (20) Contract Years beginning on the first date that Seller delivers Product to Buyer from the Project (“Initial Energy Delivery Date”) in connection with this Agreement and continuing until the end of the twentieth Contract Year unless terminated as provided by the terms of this Agreement. The Initial Energy Delivery Date shall occur as soon as practicable once all of the following have been satisfied: (A) the Commercial Operation Date has occurred; (B) Buyer shall have received and accepted the Delivery Term Security in accordance with the relevant provisions of Article Eight of the Agreement, as applicable; (C) Seller shall have obtained the requisite CEC Certification and Verification for the Project; (D) all of the applicable Conditions Precedent in Section 2.4(a) of the Agreement have been satisfied or waived in writing, and (E) Buyer shall have received written notice from the CAISO that the Project is certified as a Participating Intermittent Resource to the extent such status is available at such time as the conditions in subsections (A) through (D) of this Section 3.1(c) are satisfied. If subsection (E) is applicable, Seller shall obtain such certification no later than one hundred twenty (120) days following the Commercial Operation Date. As evidence of the Initial Energy Delivery Date, the Parties shall execute and exchange the “Initial Energy Delivery Date Confirmation Letter” attached hereto as Appendix II on the Initial Energy Delivery Date. Eighteen (18) months prior to the anticipated conclusion of the Delivery Term, the Parties shall provide notice of their intentions with respect to the Project, including if desired, any proposed extension of this Agreement.