Common use of Energy before Commissioning of the Facility Clause in Contracts

Energy before Commissioning of the Facility. 4.4.1 Upon the Company’s request, JPS shall provide electricity supply for the construction, testing and Commissioning of the Facility, subject to availability and JPS’ ability to deliver such supply to the Facility. The Company shall pay JPS for such supply pursuant to Clause 2.2. 4.4.2 Prior to the Commercial Operations Date, JPS shall use reasonable efforts to accept all energy produced by the Facility during testing and Commissioning of the Facility and JPS shall pay the Company for such energy at the rate set forth in Clause 9.2. 1. For the avoidance of doubt, electrical energy and capacity from the Facility prior to the Commercial Operations Date shall not be deemed to be Dependable Capacity or Net Energy Output from Dependable Capacity, hereunder with respect to the Facility; provided, however, that such electrical energy produced by the Facility shall be considered (i) Net Energy Output for purposes of determining the payment by JPS for such energy and (ii) Dependable Capacity for purposes of completing the tests set forth in Section 3 of Schedule 4. JPS shall not be liable to make Fixed Payments prior to the Commercial Operations Date.

Energy before Commissioning of the Facility. 4.4.1 Upon the Company’s request, JPS shall provide electricity supply for the construction, testing and Commissioning of the Facility, subject to availability and JPS’ ability to deliver such supply to the Facility. The Company shall pay JPS for such supply pursuant to Clause 2.2. 4.4.2 Prior to the Commercial Operations Date, JPS shall use reasonable efforts to accept all energy produced by the Facility during testing and Commissioning of the Facility and JPS shall pay the Company for such energy at the rate set forth in Clause 9.2. 19.3.1 and Schedule 6. For the avoidance of doubt, electrical energy and capacity from the Facility prior to the Commercial Operations Date shall not be deemed to be Dependable Capacity or Net Energy Output from Dependable Capacity, hereunder with respect to the Facility; provided, however, that such electrical energy produced by the Facility shall be considered (i) Net Energy Output for purposes of determining the payment by JPS for such energy and (ii) Dependable Capacity for purposes of completing the tests set forth in Section 3 of Schedule 4. JPS shall not be liable to make Fixed Payments prior to the Commercial Operations Date.

Energy before Commissioning of the Facility. 4.4.1 Upon the Company’s request, JPS shall provide electricity supply for the construction, testing and Commissioning of the Facility, subject to availability and JPS’ ability to deliver such supply to the Facility. The Company shall pay JPS for such supply pursuant to Clause 2.2in accordance with JPS’ then prevailing tariff rate for industrial facilities. 4.4.2 Prior to the Commercial Operations Date, JPS shall use reasonable efforts to accept all energy produced by the Facility during testing and Commissioning of the Facility and JPS shall pay the Company for such energy at the rate set forth in Clause 9.2. 19.2.1. For the avoidance of doubt, electrical energy and capacity from produced by the Facility prior to the Commercial Operations Date shall not be deemed to be Dependable Capacity or Net Energy Output from Dependable CapacityOutput, hereunder with respect to the Facility; provided, however, that such electrical energy produced by the Facility shall be considered (i) Net Energy Output for purposes of determining the payment by JPS for such energy and (ii) Dependable Capacity for purposes of completing the tests set forth in Section 3 of Schedule 4. JPS shall not be liable to make Fixed Payments prior to the Commercial Operations Date.