Common use of DEMAND UNDERPERFORMANCE CHARGES Clause in Contracts

DEMAND UNDERPERFORMANCE CHARGES. If Company’s IP Product Agreement provides for IP5, for any Interruption (not applicable to functional test) in which Company does not achieve a Performance Factor equal to 100 percent, a charge will be applied to Company’s power bill, and the charge will be calculated as follows: For any Interruption with a Performance Factor greater than or equal to 97 percent: Charge ($) = 2×DCA × max underperformance For any Interruption with a Performance Factor less than 97 percent: Charge ($) = (2×DCA × max underperformance)+(DCA × initial underperformance) Where:

DEMAND UNDERPERFORMANCE CHARGES. If Company’s IP Product Agreement provides for IP5, for any Interruption (not applicable to functional test) in which Company does not achieve a Performance Factor equal to 100 percent, a charge will be applied to Company’s power billxxxx, and the charge will be calculated as follows: For any Interruption with a Performance Factor greater than or equal to 97 percent: Charge ($) = 2×DCA × 2 x DCA x max underperformance For any Interruption with a Performance Factor less than 97 percent: Charge ($) = (2×DCA × 2 x DCA x max underperformance)+(DCA × x initial underperformance) Where:

DEMAND UNDERPERFORMANCE CHARGES. If Company’s IP Product Agreement provides for IP5, for any Interruption (not applicable to functional test) in which Company does not achieve a Performance Factor equal to 100 percent, a charge will be applied to Company’s power billxxxx, and the charge will be calculated as follows: For any Interruption with a Performance Factor greater than or equal to 97 percent: Charge ($) = 2×DCA × max underperformance For any Interruption with a Performance Factor less than 97 percent: Charge ($) = (2×DCA 2 × DCA × max underperformance)+(DCA × initial underperformance) Where: