Common use of Energy Price Clause in Contracts

Energy Price. The price for the Bundled Green Energy and Deemed Bundled Green Energy that is delivered to Buyer in each Contract Year shall be as follows (“Energy Price”): provided, however, that: if Seller delivers Bundled Green Energy in the aggregate for any CAISO settlement interval (not to exceed one hour) in excess of the product of the Contract Capacity times the length of such settlement interval, expressed in hours, then the Energy Price for such excess Bundled Green Energy in such settlement interval shall be reduced to zero dollars ($0), and if the real time Locational Marginal Price for the Delivery Point during such settlement interval is less than zero dollars ($0), Seller shall pay to Buyer an amount equal to the absolute value of such negative Locational Marginal Price times such excess Bundled Green Energy; if Seller delivers Bundled Green Energy plus Deemed Bundled Green Energy, in the aggregate, for any Contract Year during the Delivery Term in excess of one hundred fifteen percent (115%) of the annual Contract Quantity, then the Energy Price for such excess Bundled Green Energy and Deemed Bundled Green Energy, if any, for each settlement interval for the remainder of that Contract Year shall be reduced to zero dollars ($0) and Seller shall be entitled to the CAISO revenues (including positive Locational Marginal Prices, credits and other payments) in respect of such excess amounts and Seller shall be responsible for the CAISO costs (including negative Locational Marginal Prices, penalties, sanctions and other charges) in respect of such excess amounts. Reserved [For FCDS bids (excluding Projects located outside of the CAISO): Monthly Energy Payment. For each month during which Seller has achieved “Full Capacity Deliverability Status,” as defined in the CAISO Tariff (“FCDS”) as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of the Energy Price times the sum of Bundled Green Energy plus Deemed Bundled Green Energy in each hour (“Monthly Energy Payment”). For each month during which Seller has not achieved FCDS as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of (i) the Energy Price minus [insert the $/MWh equal to the Deliverability Value] (“Deliverability Value”) times (ii) the sum of Bundled Green Energy plus Deemed Bundled Green Energy (together, the “Monthly Energy Payment”).

Energy Price. The price for the Bundled Green Energy and Deemed Bundled Green Energy that is delivered to Buyer in each Contract Year shall be as follows (“Energy Price”): provided, however, that: if Seller delivers Bundled Green Energy in the aggregate for any CAISO settlement interval (not to exceed one hour) in excess of the product of the Contract Capacity times the length of such settlement interval, expressed in hours, then the Energy Price for such excess Bundled Green Energy in such settlement interval shall be reduced to zero dollars ($0), and if the real time Locational Marginal Price for the Delivery Point during such settlement interval is less than zero dollars ($0), Seller shall pay to Buyer an amount equal to the absolute value of such negative Locational Marginal Price times such excess Bundled Green Energy; if Seller delivers Bundled Green Energy plus Deemed Bundled Green Energy, in the aggregate, aggregate for any Contract Year during the Delivery Term in excess of one hundred fifteen percent (115110%) of the annual Contract Quantity, then the Energy Price for such excess Bundled Green Energy and Deemed Bundled Green Energy, if any, for each settlement interval for the remainder of that Contract Year shall be reduced to zero dollars ($0) ), and for each CAISO settlement interval during that time in which the real time Locational Marginal Price is less than zero dollars ($0), Seller shall be entitled pay to Buyer an amount equal to the CAISO revenues (including positive Locational Marginal Prices, credits and other payments) in respect absolute value of such excess amounts and Seller shall be responsible for the CAISO costs (including negative Locational Marginal Prices, penalties, sanctions and other charges) in respect of Price times the Bundled Green Energy delivered during such excess amounts. Reserved [For FCDS bids (excluding Projects located outside of the CAISO): settlement interval; Monthly Energy Payment. For each month during which Seller has achieved “Full Capacity Deliverability Status,” as defined in the CAISO Tariff (“FCDS”) as determined by the CAISOmonth, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of the Energy Price times the sum of Bundled Green Energy plus Deemed Bundled Green Energy in each hour (“Monthly Energy Payment”). For each month during which Seller has not achieved FCDS as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of (i) the Monthly Energy Payment = ∑ Energy Price minus [insert x Bundled Green Energy For any period where the $/MWh equal to the Deliverability Value] (“Deliverability Value”) times (ii) the sum quantity of Bundled Green Energy plus Deemed is less than the quantity of Delivered Energy and the quantity of Bundled Green Energy cannot practicably be determined for each settlement interval during such period (togetherfor example, where WREGIS does not specify in which settlement periods Renewable Energy Credits were delivered or not delivered), then the quantity of Bundled Green Energy for any settlement interval during the entire period shall be equal to the product of the quantity of Delivered Energy for a settlement interval multiplied by the quotient of the aggregate quantity of Green Attributes that are delivered to Buyer during such entire period divided by the aggregate quantity of Delivered Energy that is delivered to Buyer during such entire period. Imbalance Energy. Seller shall use commercially reasonable efforts to deliver Energy in accordance with the Scheduled Energy. Xxxxx and Seller recognize that from time to time the amount of Delivered Energy will deviate from the amount of Scheduled Energy. When Delivered Energy minus Scheduled Energy is a positive amount, it shall be considered “Positive Imbalance Energy;” when Delivered Energy minus Scheduled Energy is a negative amount, the absolute (i.e., positive) value of that amount shall be considered the “Monthly Negative Imbalance Energy.” [When Seller is SC for the Project or when Buyer is SC but Project is not in the VER Forecasting Program: Seller shall be responsible for settlement of Imbalance Energy Payment”with the CAISO and all fees, liabilities, assessments, or similar charges assessed by the CAISO in connection with Imbalance Energy.] Buyer and Seller shall cooperate to minimize charges and imbalances associated with Imbalance Energy to the extent possible. Seller shall promptly notify Buyer as soon as possible of any material imbalance that is occurring or has occurred. [When SDG&E is SC for the Project and Project is in the VER Forecasting Program: Buyer shall receive all Green Attributes for the Positive Imbalance Energy in all settlement intervals.] Positive Imbalance Energy (Over Deliveries). In the event that Delivered Energy for any CAISO settlement interval is equal to or greater than Scheduled Energy for such CAISO settlement interval, Buyer shall have no payment obligation in respect of the Positive Imbalance Energy. Buyer shall receive all Green Attributes for the Positive Imbalance Energy in such CAISO settlement interval regardless as to whether it was sold into the CAISO. Seller shall be entitled to all payments or credits from the CAISO to Seller’s SC and Seller shall make all payments to the CAISO in respect of the Positive Imbalance Energy. Negative Imbalance Energy (Under Deliveries). In the event that Delivered Energy for any CAISO settlement interval is less than Scheduled Energy for such CAISO settlement interval, Buyer shall have no payment obligation in respect of the Negative Imbalance Energy. Seller shall make all payments to the CAISO and Seller shall be entitled to all payments or credits from the CAISO to Seller’s SC in respect of the Negative Imbalance Energy required under the CAISO Tariff.]

Energy Price. The price for the Bundled Green Energy and Deemed Generation Facility Bundled Green Energy that is delivered to Buyer in each Contract Year shall be as follows (“Energy Price”): providedProvided, however, that: if Seller delivers Generation Facility Bundled Green Energy in the aggregate for any CAISO settlement interval (not to exceed one hour) in excess of the product of the Contract Capacity for the Generation Facility times the length of such settlement interval, expressed in hours, then the Energy Price for such excess Generation Facility Bundled Green Energy in such settlement interval shall be reduced to zero dollars ($0), and if the real time Locational Marginal Price for the Delivery Point during such settlement interval is less than zero dollars ($0), Seller shall pay to Buyer an amount equal to the absolute value of such negative Locational Marginal Price times such excess Generation Facility Bundled Green Energy; and if Seller delivers Generation Facility Bundled Green Energy plus Deemed Bundled Green Energy, in the aggregate, aggregate for any Contract Year during the Delivery Term Period in excess of one hundred fifteen five percent (115105%) of the annual Contract Quantity, then for any such portion of such Generation Facility Bundled Green Energy (i) in excess of one hundred five percent (105%) of the annual Contract Quantity up to one hundred ten percent (110%) of the annual Contract Quantity, the Energy Price for such excess Generation Facility Bundled Green Energy for the remainder of that Contract Year shall be reduced to the lesser of (x) the Energy Price multiplied by fifty percent (50%) and Deemed (y) the real time Locational Marginal Price for the Delivery Point during the CAISO settlement interval when such Generation Facility Bundled Green EnergyEnergy was delivered and (ii) in excess of one hundred ten percent (110%) of the annual Contract Quantity, if any, the Energy Price for each settlement interval such excess Generation Facility Bundled Green Energy for the remainder of that Contract Year shall be reduced to zero dollars ($0) and ); and, in each case, for each CAISO settlement interval during the time in which the real time Locational Marginal Price for any such excess Generation Facility Bundled Green Energy is less than zero dollars ($0), Seller shall be entitled pay to the CAISO revenues (including positive Locational Marginal Prices, credits and other payments) in respect of such excess amounts and Seller shall be responsible for the CAISO costs (including negative Locational Marginal Prices, penalties, sanctions and other charges) in respect of such excess amounts. Reserved [For FCDS bids (excluding Projects located outside of the CAISO): Monthly Energy Payment. For each month during which Seller has achieved “Full Capacity Deliverability Status,” as defined in the CAISO Tariff (“FCDS”) as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month absolute value of the product of the Energy such negative Locational Marginal Price times the sum of Generation Facility Bundled Green Energy plus Deemed Bundled Green Energy in each hour delivered during such settlement interval. LETTER OF CREDIT FORM13 IRREVOCABLE STANDBY LETTER OF CREDIT Reference Number: Transaction Date: BENEFICIARY: San Diego Gas & Electric Company Ladies and Gentlemen: (the “Bank”) hereby establishes this Irrevocable Standby Letter of Credit (“Monthly Energy PaymentLetter of Credit”) in favor of San Diego Gas & Electric Company, a California corporation (the “Beneficiary”), for the account of ______________________, a ____________ corporation (the “Applicant”), for the amount of XXX AND XX/100 Dollars ($ ) (the “Available Amount”), effective immediately and expiring at 5:00 p.m., California time, on the Expiration Date (as hereinafter defined). This Letter of Credit shall be of no further force or effect upon the close of business on ______________ or, if such day is not a Business Day (as hereinafter defined), on the next preceding Business Day, unless extended in accordance with the terms of this Letter of Credit. For the purposes hereof, “Business Day” shall mean any day on which commercial banks are not authorized or required to close in San Diego, California. Subject to the terms and conditions herein, funds under this Letter of Credit are available to the Beneficiary by presentation in compliance on or prior to 5:00 p.m. California time, on or prior to the Expiration Date, of the following: 1. The original of this Letter of Credit and all amendments (or photocopy of the original for partial drawings); and 2. The Drawing Certificate issued in the form of Attachment A attached hereto and which forms an integral part hereof, duly completed and purportedly bearing the signature of an authorized representative of the Beneficiary. Notwithstanding the foregoing, any drawing hereunder may be requested by transmitting the requisite documents as described above to the Bank by facsimile at ______________ or such other number as specified from time to time by the Bank. The facsimile transmittal shall be deemed delivered when received. It is understood that drawings made by facsimile transmittal are deemed to be the operative instrument without the need of originally signed documents. Partial drawing of funds shall be permitted under this Letter of Credit, and this Letter of Credit shall remain in full force and effect with respect to any continuing balance; provided that, the Available Amount shall be reduced by the amount of each such drawing. This Letter of Credit is transferable in whole or in part. Banking charges shall be the sole responsibility of the Applicant. It is a condition of this Letter of Credit that it shall be deemed automatically extended without an amendment for a one year period beginning on the present expiry date hereof and upon each anniversary of such date, unless at least ninety (90) days prior to any such expiry date we have sent you written notice by regular and registered mail or courier service that we elect not to permit this Letter of Credit to be so extended beyond, and will expire on its then current expiry date. No presentation made under this Letter of Credit after such expiry date will be honored except as described in the succeeding paragraph. We agree that if this Letter of Credit would otherwise expire during, or within 30 days after, an interruption of our business caused by an act of god, riot, civil commotion, insurrection, act of terrorism, war or any other cause beyond our control or by any strike or lockout, then this Letter of Credit shall expire on the 30th day following the day on which we resume our business after the cause of such interruption has been removed or eliminated and any drawing on this Letter of Credit which could properly have been made but for such interruption shall be permitted during such extended period. This Letter of Credit sets forth in full our obligations and such obligations shall not in any way be modified, amended, amplified or limited by reference to any documents, instruments or agreements referred to herein, except only the attachment referred to herein; and any such reference shall not be deemed to incorporate by reference any document, instrument or agreement except for such attachment. The Bank engages with the Beneficiary that Beneficiary’s drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to the Bank on or before the Expiration Date. Except so far as otherwise stated, this Letter of Credit is subject to the International Standby Practices ISP98 (also known as ICC Publication No. 590), or revision currently in effect (the “ISP”). For each month during which Seller has As to matters not achieved FCDS as determined covered by the CAISOISP, Buyer the laws of the State of California, without regard to the principles of conflicts of laws thereunder, shall pay Seller govern all matters with respect to this Letter of Credit. AUTHORIZED SIGNATURE for Bank By: Title: DRAWING CERTIFICATE Bank Bank Address Subject: Irrevocable Standby Letter of Credit The undersigned , an authorized representative of San Diego Gas & Electric Company (the Product “Beneficiary”), hereby certifies to [Issuing Bank Name] (the “Bank”), and _____________________ (the “Applicant”), with reference to Irrevocable Standby Letter of Credit No. , dated , (the “Letter of Credit”), issued by the Bank in favor of the Beneficiary, as follows as of the date hereof: 1. The Beneficiary is entitled to draw under the Letter of Credit an amount equal to $ , for the sum for each hour following reason(s) [check applicable provision]: A. An Event of Default, as defined in the month Energy Storage Power Purchase Agreement between Beneficiary and Applicant (the “Agreement”), with respect to the Applicant has occurred and is continuing. [ ]B. The Letter of Credit will expire in fewer than sixty (60) days from the product date hereof, and Applicant has not provided to Beneficiary alternate Performance Assurance (as defined in the Agreement) acceptable to Beneficiary. [ ]C. Applicant has forfeited all or part of its Pre-Construction Security as set forth and defined in the Agreement. [ ]C. Applicant has incurred Daily Delay Damages as set forth and defined in the Agreement. 2. Based upon the foregoing, the Beneficiary hereby makes demand under the Letter of Credit for payment of U.S. DOLLARS AND ____/100ths (U.S.$ ), which amount does not exceed (i) the Energy Price minus [insert the $/MWh equal to the Deliverability Value] (“Deliverability Value”) times amount set forth in paragraph 1 above, and (ii) the sum Available Amount under the Letter of Bundled Green Energy plus Deemed Bundled Green Energy (together, Credit as of the “Monthly Energy Payment”)date hereof.

Energy Price. The 6.3.1 During the Delivery Term, Buyer may use up to eighty percent (80%) of the maximum Contract Energy that should be available in an hour from the Contract Capacity, to supply forward contracts with delivery terms that begin on or after the Delivery Term and terminate no later than the prompt year (that is, the year in which the deliveries are to begin under a forward contract) plus thirty-six (36) months from the forward contract date of execution, unless otherwise agreed by the Parties (hereinafter "Forward Contracts"). 6.3.2 During the Delivery Term, the Energy Price for Contract Energy shall be: (A) for all on-peak Contract Energy Buyer uses to supply Forward Contracts, the Energy Price shall be: (i) the midpoint of the bid and offer prices or, if available, the "Last" price (or some derivation calculated from such posted price or prices if necessary to correlate the posted price or prices more closely with the characteristics of the Forward Contract) posted on the Intercontinental Exchange ("ICE"), under Fin Swap Peak Cin Hub Real Time, for the Bundled Green Energy and Deemed Bundled Green Energy product (or products, if it is necessary to combine several products to cover the term of the Forward Contract) that is delivered the Parties mutually agree corresponds, or most closely corresponds, to Buyer in each Contract Year shall be as follows (“Energy Price”): provided, however, that: if Seller delivers Bundled Green Energy in the aggregate for any CAISO settlement interval (not to exceed one hour) in excess on-peak portion of the product sold by Buyer via the Forward Contract. Once the Parties are in agreement on the on-peak price, Buyer shall provide to the Seller a screen shot (or screen shots, if multiple prices are used to cover the term of the Contract Capacity times Forward Contract) of the length price or prices used from ICE to derive the agreed upon price. In the event the Parties cannot agree on the prices listed or to a price derived from the prices listed for the on-peak portion of the product sold by Buyer via the Forward Contract, then (ii) Buyer shall seek, from an agreed upon commercially recognized energy broker or from the broker sheets produced by such energy broker, a quote or quotes for an on-peak product for which the duration and magnitude can be used as a commercially reasonable proxy to price the on-peak portion of such settlement intervalForward Contract, expressed and if the Parties agree to a price based on the midpoint of the bid and offer prices from such broker quotes or broker sheet pricing (or some derivation calculated from such broker quotes or broker sheet pricing if necessary to correlate the broker quotes or broker sheet pricing more closely with the characteristics of the Forward Contract), that price shall be used for the on-peak Energy price. Prior to agreeing to a price based on the broker quote or broker sheets, the Parties acknowledge and agree that Seller shall have the right to independently verify that the broker information used is reasonable by soliciting other broker quotes or reviewing other broker sheets. If the Parties elect to obtain the quote from an energy broker, Buyer shall have the right to obtain such quote without Seller by conducting a recorded phone call or Internet survey through Instant Messenger ("IM") communication. A copy of either the IM communication or the recorded phone conversations will be provided to Seller as verification; or (iii) in hoursthe event that the Parties are unable to agree on an on-peak price based on ICE or from a broker quote, then Buyer shall have the option, but shall not be obligated, to pay Seller the price determined in accordance with Section 6.3.2 (C) for Energy used to supply such Forward Contract. (B) for all off-peak Contract Energy Buyer uses to supply Forward Contracts, the Energy Price shall be: (i) the midpoint of the bid and offer prices or, if available, the "Last" price (or some derivation calculated from such posted price or prices if necessary to correlate the posted price or prices more closely with the characteristics of the Forward Contract) posted on the Intercontinental Exchange ("ICE"), under Fin Swap Peak Cin Hub Real Time, for the product (or products, if it is necessary to combine several products to cover the term of the Forward Contract) that the Parties mutually agree corresponds, or most closely corresponds, to the off-peak portion of the product sold by Buyer via the Forward Contract. Once the Parties are in agreement on the off-peak price, Buyer shall provide to the Seller a screen shot (or screen shots, if multiple prices are used to cover the term of the Forward Contract) of the price or prices used from ICE to derive the agreed upon price. In the event the Parties cannot agree on the prices listed or to a price derived from the prices listed for the off-peak portion of the product sold by Buyer via the Forward Contract, then (ii) Buyer shall seek, from an agreed upon commercially recognized energy broker or from the broker sheets produced by such energy broker, a quote or quotes for an off-peak product for which the duration and magnitude can be used as a commercially reasonable proxy to price the off-peak portion of such Forward Contract, and if the Parties agree to a price based on the midpoint of the bid and offer prices from such broker quotes or broker sheet pricing (or some derivation calculated from such broker quotes or broker sheet pricing if necessary to correlate the broker quotes or broker sheet pricing more closely with the characteristics of the Forward Contract), that price shall be used for the off-peak Energy price. Prior to agreeing to a price based on the broker quote or broker sheets, the Parties acknowledge and agree that Seller shall have the right to independently verify that the broker information used is reasonable by soliciting other broker quotes or reviewing other broker sheets. If the Parties elect to obtain the quote from an energy broker, Buyer shall have the right to obtain such quote without Seller by conducting a recorded phone call or Internet survey through Instant Messenger ("IM") communication. A copy of either the IM communication or the recorded phone conversations will be provided to Seller as verification; or (iii) in the event that the Parties are unable to agree on an off-peak price based on ICE or from a broker quote, Buyer shall have the option, but shall not be obligated, to pay Seller the price determined in accordance with Section 6.3.2 (C) for Energy used to supply such Forward Contract. (C) for all Contract Energy scheduled day-ahead but not priced in accordance with Sections 6.3(A) or (B) or in accordance with Section 4.2, the Parties agree the Energy Price for such excess Bundled Green Contract Energy in such settlement interval shall be reduced to zero dollars ($0), and if the real time Locational Marginal Price for the Delivery Point during such settlement interval is less than zero dollars ($0), Seller shall pay to Buyer an amount equal to the absolute value of such negative Locational Marginal Price times such excess Bundled Green Energy; if Seller delivers Bundled Green Energy plus Deemed Bundled Green Energy, in the aggregate, for any Contract Year during the Delivery Term in excess of one hundred fifteen percent (115%) of the annual Contract Quantity, then the Energy Price for such excess Bundled Green Energy and Deemed Bundled Green Energy, if any, for each settlement interval for the remainder of that Contract Year shall be reduced to zero dollars ($0) and Seller shall be entitled to the CAISO revenues (including positive Locational Marginal Prices, credits and other payments) in respect of such excess amounts and Seller shall be responsible for the CAISO costs (including negative Locational Marginal Prices, penalties, sanctions and other charges) in respect of such excess amounts. Reserved [For FCDS bids (excluding Projects located outside of the CAISO): Monthly Energy Payment. For each month during which Seller has achieved “Full Capacity Deliverability Status,” as defined in the CAISO Tariff (“FCDS”) as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of the Energy Price times the sum of Bundled Green Energy plus Deemed Bundled Green Energy in each hour (“Monthly Energy Payment”). For each month during which Seller has not achieved FCDS as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of be: (i) the Energy Price minus [insert Midwest ISO (or other applicable RTO) Day-Ahead LMP for each hour at the $/MWh equal EEI Interface CpNode, provided that the Seller's Control Area and the transmission system comprising Seller's Control Area have not been transferred to the Deliverability Value] (“Deliverability Value”) times Midwest ISO or other RTO; or (ii) the sum Midwest ISO (or other applicable RTO) Day-Ahead LMP for each hour at the CpNode at the Unit if the Seller's Control Area and the transmission system comprising Seller's Control Area have been transferred to the Midwest ISO or other RTO, provided in each case that the Midwest ISO or the other RTO operates an LMP Market; or (iii) if operational control of Bundled Green Energy plus Deemed Bundled Green Energy the Seller's Control Area and the transmission system comprising Seller's Control Area have been transferred to an RTO and such RTO has not implemented an LMP Market and/or no Day-Ahead LMP price is available, then such other price as the Parties otherwise mutually agree to in writing, provided that, if the Parties cannot agree upon such price within sixty (together60) days of the transfer of such operational control, this Agreement shall automatically terminate at such time without further action by either Party. : 6.3.3 In the “Monthly Energy Payment”)event that the Cinergy Index or Midwest ISO LMP Market (or other RTO LMP Market that has functional control of Seller's transmission system) ceases to exist during the Delivery Term, Buyer and Seller will revise this Agreement in an effort to provide for its effective implementation and application, without altering the balance of risks, rewards, and costs currently set forth in this Agreement; provided, however if the Parties fail to execute such a revision within sixty (60) days of the termination of the existence of the Cinergy Index or the Midwest ISO (or other RTO) LMP Market, this Agreement shall automatically terminate at such time without further action by either Party.

Energy Price. Buyer is liable to pay to Seller: [ ] Fixed price: The Energy Price (“EP”) shall be [●]€/Unit. [ ] As of 1 January each year, the price is corrected for inflation. The inflation index used is [●] and [●] is the Base Year. [ ] Indexed: The Energy Price (“EP”) shall be in €/Unit and based on the Price Index [●] (“PI”) times Multiplier (“M”) and Surcharge/Discount (“SD”) of [●] according to the following formula: [ ] Set Periodically: The price for the Bundled Green Energy and Deemed Bundled Green Energy that is delivered to Buyer in each Contract Year shall be as follows set [●] by the Seller based on the costs incurred and set through the process described in Annex 5. Fixed Monthly Fee: In addition to any other amounts due under this Agreement, Buyer is liable to pay to Seller the Fixed Monthly Fee. The Fixed Monthly Fee (“Energy PriceFMF”): provided) is [●] €/Month. [ ] As of 1 January each year, however, that: if Seller delivers Bundled Green Energy in the aggregate price is corrected for any CAISO settlement interval (not to exceed one hour) in excess of inflation. The inflation index used is [●] with [●] as Base Year. Annual Volume Make-up Fee [ ] If a Buyer Annual Volume applies] If the product sum of the Contract Capacity times the length of such settlement interval, expressed Quantities in hours, then the Energy Price for such excess Bundled Green Energy in such settlement interval shall be reduced to zero dollars ($0), and if the real time Locational Marginal Price for the Delivery Point during such settlement interval a calendar year is less than zero dollars the Buyer Annual Volume ($0), Seller shall pay to Buyer an amount equal to the absolute value of such negative Locational Marginal Price times such excess Bundled Green Energy; if Seller delivers Bundled Green Energy plus Deemed Bundled Green Energy, in the aggregate, for any Contract Year during the Delivery Term in excess of one hundred fifteen percent (115%BAV) of the annual Contract Quantity, then the Energy Price for such excess Bundled Green Energy and Deemed Bundled Green Energy, if any, for each settlement interval for Buyer will be liable to pay the remainder of that Contract Year shall be reduced to zero dollars ($0) and Seller shall be entitled to the CAISO revenues (including positive Locational Marginal Prices, credits and other payments) in respect of such excess amounts and Seller shall be responsible for the CAISO costs (including negative Locational Marginal Prices, penalties, sanctions and other charges) in respect of such excess amounts. Reserved [For FCDS bids (excluding Projects located outside of the CAISO): Monthly Energy Payment. For each month during which Seller has achieved “Full Capacity Deliverability Status,” as defined in the CAISO Tariff (“FCDS”) as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal shortfall in volume against [●] % of the average annual Energy Price as follows: Buyer Annual Volume Make-up Fee (“BAVMF”) The BAVMF will be corrected for the days that the Seller has failed to Deliver (if any), by multiplying the sum for each hour BAVMF with the days that Seller has not failed to Deliver divided by the number or days in the month of the product of the Energy Price times calendar year. [ ] If a Seller Annual Volume applies] If the sum of Bundled Green the Contract Quantities in a given calendar year is less than the Seller Annual Volume (SAV) then the Seller will be liable to pay the Buyer for the shortfall in volume against [●] % of the average annual Energy plus Deemed Bundled Green Energy in each hour Price as follows: Seller Annual Volume Make-up Fee (“Monthly Energy PaymentSAVMF”) The SAVMF will be corrected for the days that the Seller has failed to deliver (if any). For each month during which , by multiplying the SAVMF with the number of days that Seller has not achieved FCDS as determined failed to Accept divided by the CAISOnumber of days in the calendar year. Network Fee In addition to any other amounts due under this Agreement, Buyer shall is liable to pay to Seller for the Product an amount equal to the sum for each hour in the month of the product of (i) the Energy Price minus [insert the $/MWh equal to the Deliverability ValueNetwork Monthly Fee. [ ] The Network Monthly Fee (“Deliverability ValueNMF”) times is [●] €/Month. [ ] The Network Capacity Fee (ii“NCF”) the sum is [●] €/Unit/Scheduling Period/Month. [ ] As of Bundled Green Energy plus Deemed Bundled Green Energy (together1 January each year, the “Monthly Energy Payment”)price is corrected for inflation. The inflation index used is [●] with [●] as Base Year.

Energy Price. The price For each MWh delivered pursuant to a Final Physical Energy Schedule, that is not produced during a start-up as addressed in Section K below, and which was generated by Seller- provided fuel or obtained from the CAISO imbalance energy supplies, Buyer will pay Seller an Energy Price each month in U.S. dollars calculated as follows: Energy Price (in $) = BHR * BTGP * Total Qualifying MWh * (1000 kWh / MWh) * (mmBtu / 1,000,000 Btu) Where for the Bundled Green Energy and Deemed Bundled Green Energy that Unit, BHR = is delivered to Buyer in each Contract Year the “Billing Heat Rate” which shall be as follows (“Energy Price”): provided, however, that: if Seller delivers Bundled Green Energy in the aggregate for any CAISO settlement interval (not to exceed one hour) in excess lesser of the product of Unit’s monthly Actual Heat Rate and the Contract Capacity times the length of such settlement intervalGuaranteed Heat Rate, expressed in hours, then the Energy Price for such excess Bundled Green Energy in such settlement interval shall be reduced to zero dollars Btu/kWh ($0HHV), as provided in Section I hereof; BTGP is the “Burner Tip Gas Price” expressed in $ / mmBtu (HHV), as provided in Section M hereof; and if “Total Qualifying MWh” is the real time Locational Marginal Price number of MWh for the Delivery Point month delivered pursuant to a Final Physical Energy Schedule, that were not produced during such settlement interval a start-up as addressed in Section K below, and which were generated by Seller-provided fuel or obtained from the CAISO imbalance energy supplies. I. Guaranteed Heat Rate (“GHR”) 1. The Guaranteed Heat Rate (“GHR”) for the Unit is less than zero dollars 13,500 Btu/kWh ($0HHV) (higher heating value or “HHV”). 2. Each month Seller will perform a comparison of the Actual Heat Rate (“AHR”) for the Unit against the GHR, as follows: (a) For every month, Seller shall pay will measure the Actual Heat Rate (“AHR”) for the Unit for all hours in which the following three conditions are satisfied (“AHR Hours”): (i) the Unit was Scheduled by Buyer, (ii) Seller delivered the full Final Physical Energy Schedule for the Unit to Buyer an amount equal to and (iii) the absolute value of such negative Locational Marginal Price times such excess Bundled Green Energy; if Seller delivers Bundled Green Energy plus Deemed Bundled Green Energy, in the aggregate, for any Contract Year during the Delivery Term in excess of one hundred fifteen percent (115%) of the annual Contract Quantity, then the Energy Price for such excess Bundled Green Energy Unit operated at steady-state and Deemed Bundled Green Energy, if any, for each settlement interval for the remainder of that Contract Year shall be reduced to zero dollars ($0) and Seller shall be entitled to the CAISO revenues at full load (including positive Locational Marginal Pricesminor variations in output due to changes in ambient conditions, credits and other paymentsbut not including ramping up or down or planned or unplanned discontinuation of operations). Such monthly AHR will be measured in Btu/kWh (HHV) in respect of such excess amounts and Seller shall be responsible for the CAISO costs (including negative Locational Marginal Prices, penalties, sanctions and other charges) in respect of such excess amounts. Reserved [For FCDS bids (excluding Projects located outside of the CAISO): Monthly Energy Payment. For each month during which Seller has achieved “Full Capacity Deliverability Status,” as defined in the CAISO Tariff (“FCDS”) as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of the Energy Price times using the sum of Bundled Green the Designated Hourly Fuel Consumption for each AHR Hour of the month divided by the sum of the Final Physical Energy plus Deemed Bundled Green Energy in Schedules for each such hour (“Monthly Energy Payment”)of the month. For each month during which Seller has not achieved FCDS as determined by purposes of this calculation, the CAISO, Buyer shall pay Seller “Designated Hourly Fuel Consumption” for the Product an amount equal to the sum for each hour in the month of Unit is the product of (i) Final Physical Energy Schedule divided by Unadjusted Metered Energy for that hour, multiplied by (ii) actual fuel consumption of the Unit for such hour as measured by the Gas Metering Equipment. (b) The GHR for the Delivery Month and the AHR for the Delivery Month will be used to determine the Billing Heat Rate for the monthly Energy Price minus [insert the $/MWh equal in that Delivery Month as set forth in Section H above. 3. The Operations Committee shall evaluate, and may recommend to the Deliverability Value] Parties, procedures to provide additional incentives to Seller to maintain low actual heat rate for the Unit. J. Variable O&M Payments The Variable O&M Payment (“Deliverability ValueVOMP”) times for each monthly billing period equals the Variable O&M Rate multiplied by the sum, over only those hours when the Unit is Scheduled pursuant to Section 3.2, of the lesser of in each hour:(i) the Unadjusted Metered Energy (in MWh); or (ii) the Final Physical Energy Schedule (in MWh). The Variable O&M Rate for the term of the Agreement is $12.00 / MWh. K. Start-up Payment Buyer shall pay Seller a Monthly Start Payment or “MSP” equal to the product of the Start Price (“SP”) of $1,000.00 per successful start of the Unit times the number of successful starts of the Unit in the month in response to a start request from Buyer. A start is deemed successful where the Unit has either: (i) reached its Final Physical Energy Schedule or (ii) the Unit is in a steady state of operation for one (1) hour following the initiation of the start sequence (“Successful Start”). Buyer is not obligated to pay the Start Price for unsuccessful starts or for starts not requested by Buyer. Buyer is entitled to no more than two (2) Successful Starts per day. L. Start Fuel Price (“SFP”) 1. For each Successful Start in response to a start request from Buyer and using fuel supplied by Seller pursuant to the Approved Fuel Plan, Buyer shall pay Seller a “Start Fuel Price” or “SFP” as follows: where, BSF is the “Billing Start Fuel” which shall be the lesser of the Actual Start Fuel (“ASF”) or the Guaranteed Start Fuel (“GSF”), expressed in mmBtu/start (HHV) where, ASF is the amount of fuel consumed during the period commencing upon the initiation of the starting sequence and ending when either (i) for Successful Starts, the Unit has reached its Final Physical Energy Schedule or one (1) hour following the initiation of the start sequence, or (ii) for unsuccessful starts, the attempt to start is terminated and the Unit begins an outage; “Guaranteed Start Fuel” (“GSF”) is 200 mmBtu (HHV) / Start-up; and, BTGP is the “Burner Tip Gas Price” as defined in Section M. 2. SFP shall be zero for each and every start that (i) uses fuel supplied by Buyer, (ii) was not requested by Buyer or (iii) was unsuccessful. 3. The Monthly Start Fuel Payment or “MSFP” shall be the sum of Bundled Green SFP for all starts in a month. 4. If Buyer supplies the fuel consumed during start-up, Seller shall reimburse Buyer monthly for its actual incremental delivered cost of fuel: (a) For those starts where ASF exceeds GSF for successful starts (and only to the extent that ASF exceeded GSF); and (b) for unsuccessful starts, if any. M. Fuel Cost and Fuel Supply 1. Seller shall arrange for natural gas transportation to the Facilities which transportation may be interruptible. In the event Buyer notifies Seller in its annual review of the Approved Fuel Plan described below that it wishes for Seller to arrange for firm natural gas transportation, Seller shall use commercially reasonable efforts to obtain firm transportation service but shall have no liability in the event that firm transportation is not available. Seller’s cost of natural gas transportation shall be included in the calculation of the Variable Fuel Cost or Fixed Fuel Charge as appropriate. 2. Seller will allocate for Buyer's account all actual fuel costs incurred by Seller for the Unit for all hours in which Energy plus Deemed Bundled Green Energy was Scheduled from the Unit by Buyer utilizing (togetherfor purposes of allocating fuel usage to the specific hours in which the Unit operated with respect to Buyer’s Schedule) the meter data from the Gas Metering Equipment. Such amount allocated to Buyer’s account will be deemed the “Preliminary Variable Fuel Cost” and will include all actual variable fuel costs, including commodity, transportation, fees, taxes and other charges, delivered to the Unit, as such costs are determined in accordance with the then-current Approved Fuel Plan, excluding imbalance costs addressed in M.5; provided, however, that any fixed fuel costs incurred by Seller in providing fuel to the Unit pursuant to the Approved Fuel Plan shall be recovered by Seller from Buyer in the form of the monthly Fixed Fuel Charge (“FFC”), as provided in Section M.4 below, and these portions of Unit fuel costs shall be otherwise excluded from the Preliminary Variable Fuel Cost. In addition, the Preliminary Variable Fuel Cost will be adjusted as follows: For each hour in which the Unit is dispatched by Buyer, the portion of the Preliminary Variable Fuel Cost allocated to such hour (the “Monthly Preliminary Hourly Variable Fuel Cost”) will be multiplied by the ratio of the Final Physical Energy PaymentSchedule for such hour to the Unadjusted Metered Energy for such hour and such resulting product will be deemed the “Designated Hourly Variable Fuel Cost”). The sum of the Designated Hourly Variable Fuel Costs will equal the “Variable Fuel Cost” for such month. 3. The Burner Tip Gas Price (“BTGP”) shall be calculated by dividing the Variable Fuel Cost for a month by the sum of the Designated Hourly Fuel Consumption for the month, expressed as mmBtu.

Energy Price. The price for the Bundled Green Energy and Deemed Bundled Green Energy that is delivered to Buyer in each Contract Year shall be as follows (“Energy Price”): provided, however, that: : (i) if Seller delivers the sum of Bundled Green Energy in the aggregate plus Deemed Bundled Green Energy for any CAISO settlement interval (not to exceed one hour) in excess of ), exceeds the product of the Contract Capacity times the length of such settlement interval, expressed in hours, then the Energy Price for such excess Bundled Green Energy and Deemed Bundled Green Energy in such settlement interval shall be reduced to zero dollars ($0), and if the real time Locational Marginal Price for the Delivery Point during such settlement interval is less than zero dollars ($0), Seller shall pay to Buyer an amount equal to the absolute value of such negative Locational Marginal Price times such excess Bundled Green Energy; ; (ii) if Seller delivers the sum of Bundled Green Energy plus Deemed Bundled Green Energy, in the aggregate, Energy for any Contract Year during the Delivery Term in excess of Term, exceeds one hundred fifteen percent (115%) of the annual Contract Quantity, then the Energy Price for such excess Bundled Green Energy and Deemed Bundled Green Energy, if any, Energy for each settlement interval for the remainder of that Contract Year shall be reduced to zero dollars ($0) and Seller shall be entitled to the CAISO revenues (including positive Locational Marginal Prices, credits and other payments) in respect of such excess amounts Bundled Green Energy and Seller shall be responsible for the CAISO costs (including negative Locational Marginal Prices, penalties, sanctions and other charges) in respect of such excess amounts. Reserved Bundled Green Energy. (iii) [For FCDS bids (excluding Projects located outside of the CAISO): Monthly Delete and replace with “Reserved” for Energy Payment. For each month during which Seller has achieved “Full Capacity Deliverability Status,” as defined in the CAISO Tariff (“FCDS”) as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of the Energy Price times Only Bids : if the sum of Bundled Green Energy plus Deemed Bundled Green Energy that, in each hour the aggregate for any XXX Period during the Delivery Term, exceeds one hundred fifteen percent (115%) of the XXX Delivery Cap listed in the table below for that XXX Period (“Monthly Energy PaymentXXX Delivery Cap”). For , then the Energy Price for such excess Bundled Green Energy and Deemed Bundled Green Energy in such XXX Period shall be reduced to zero dollars ($0), and for each month CAISO settlement interval during that time in which the real time Locational Marginal Price is less than zero dollars ($0), Seller has not achieved FCDS as determined by the CAISO, Buyer shall pay Seller for the Product to Buyer an amount equal to the sum for each hour in absolute value of such negative Locational Marginal Price times the month of the product of (i) the Energy Price minus [insert the $/MWh equal to the Deliverability Value] (“Deliverability Value”) times (ii) the sum of Bundled Green Energy plus Deemed Bundled Green Energy (together, the “Monthly Energy Payment”).delivered during such settlement interval:

Energy Price. The price for the Bundled Green Energy and Deemed Bundled Green Energy that is delivered to Buyer in each Contract Year shall be as follows (“Energy Price”): provided, however, that: : (i) if Seller delivers Bundled Green Energy in the aggregate for any CAISO settlement interval (not to exceed one hour) in excess of the product of the Contract Capacity times the length of such settlement interval, expressed in hours, then the Energy Price for such excess Bundled Green Energy in such settlement interval shall be reduced to zero dollars ($0), and if the real time Locational Marginal Price for the Delivery Point during such settlement interval is less than zero dollars ($0), Seller shall pay to Buyer an amount equal to the absolute value of such negative Locational Marginal Price times such excess Bundled Green Energy; ; (ii) if Seller delivers Bundled Green Energy plus Deemed Bundled Green Energy, in the aggregate, aggregate for any Contract Year during the Delivery Term in excess of one hundred fifteen percent (115%) of the annual Contract Quantity, then the Energy Price for such excess Bundled Green Energy and Deemed Bundled Green Energy, if any, for each settlement interval for the remainder of that Contract Year shall be reduced to zero dollars ($0) and Seller shall be entitled to the CAISO revenues (including positive Locational Marginal Prices, credits and other payments) in respect of such excess amounts and Seller shall be responsible for the CAISO costs (including negative Locational Marginal Prices, penalties, sanctions and other charges) in respect of such excess amounts. Reserved [For FCDS bids . (excluding Projects located outside iii) if Seller delivers Bundled Green Energy in the aggregate for any XXX Period during the Delivery Term in excess of one hundred fifteen percent (115%) of the CAISO): Monthly Energy Payment. For each month during which Seller has achieved “Full Capacity Deliverability Status,” as defined XXX Delivery Cap listed in the CAISO Tariff table below for that XXX Period (“FCDSXXX Delivery Cap”) as determined by ), then the CAISOEnergy Price for such excess Bundled Green Energy in such XXX Period shall be reduced to zero dollars ($0), Buyer and for each CAISO settlement interval during that time in which the real time Locational Marginal Price is less than zero dollars ($0), Seller shall pay Seller for the Product to Buyer an amount equal to the sum for each hour in the month absolute value of the product of the Energy such negative Locational Marginal Price times the sum of Bundled Green Energy plus Deemed Bundled Green Energy in each hour (“Monthly Energy Payment”). For each month delivered during which Seller has not achieved FCDS as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of (i) the Energy Price minus [insert the $/MWh equal to the Deliverability Value] (“Deliverability Value”) times (ii) the sum of Bundled Green Energy plus Deemed Bundled Green Energy (together, the “Monthly Energy Payment”).such settlement interval:

Energy Price. The price For each MWh delivered pursuant to a Final Physical Energy Schedule, that is not produced during a start-up as addressed in Section K below, and which was generated by Seller- provided fuel or obtained from the CAISO imbalance energy supplies, Buyer will pay Seller an Energy Price each month in U.S. dollars calculated as follows: Energy Price (in $) = BHR * BTGP * Total Qualifying MWh * (1000 kWh / MWh) * (mmBtu / 1,000,000 Btu) Where for the Bundled Green Energy and Deemed Bundled Green Energy that Unit, BHR = is delivered to Buyer in each Contract Year the “Billing Heat Rate” which shall be as follows (“Energy Price”): provided, however, that: if Seller delivers Bundled Green Energy in the aggregate for any CAISO settlement interval (not to exceed one hour) in excess lesser of the product of Unit’s monthly Actual Heat Rate and the Contract Capacity times the length of such settlement intervalGuaranteed Heat Rate, expressed in hours, then the Energy Price for such excess Bundled Green Energy in such settlement interval shall be reduced to zero dollars Btu/kWh ($0HHV), as provided in Section I hereof; BTGP is the “Burner Tip Gas Price” expressed in $ / mmBtu (HHV), as provided in Section M hereof; and if “Total Qualifying MWh” is the real time Locational Marginal Price number of MWh for the Delivery Point month delivered pursuant to a Final Physical Energy Schedule, that were not produced during such settlement interval a start-up as addressed in Section K below, and which were generated by Seller-provided fuel or obtained from the CAISO imbalance energy supplies. I. Guaranteed Heat Rate (“GHR”) 1. The Guaranteed Heat Rate (“GHR”) for the Unit is less than zero dollars 10,000 Btu/kWh ($0HHV) (higher heating value or “HHV”). 2. Each month Seller will perform a comparison of the Actual Heat Rate (“AHR”) for the Unit against the GHR, as follows: (a) For every month, Seller shall pay will measure the Actual Heat Rate (“AHR”) for the Unit for all hours in which the following three conditions are satisfied (“AHR Hours”): (i) the Unit was Scheduled by Buyer, (ii) Seller delivered the full Final Physical Energy Schedule for the Unit to Buyer an amount equal to and (iii) the absolute value of such negative Locational Marginal Price times such excess Bundled Green Energy; if Seller delivers Bundled Green Energy plus Deemed Bundled Green Energy, in the aggregate, for any Contract Year during the Delivery Term in excess of one hundred fifteen percent (115%) of the annual Contract Quantity, then the Energy Price for such excess Bundled Green Energy Unit operated at steady-state and Deemed Bundled Green Energy, if any, for each settlement interval for the remainder of that Contract Year shall be reduced to zero dollars ($0) and Seller shall be entitled to the CAISO revenues at full load (including positive Locational Marginal Pricesminor variations in output due to changes in ambient conditions, credits and other paymentsbut not including ramping up or down or planned or unplanned discontinuation of operations). Such monthly AHR will be measured in Btu/kWh (HHV) in respect of such excess amounts and Seller shall be responsible for the CAISO costs (including negative Locational Marginal Prices, penalties, sanctions and other charges) in respect of such excess amounts. Reserved [For FCDS bids (excluding Projects located outside of the CAISO): Monthly Energy Payment. For each month during which Seller has achieved “Full Capacity Deliverability Status,” as defined in the CAISO Tariff (“FCDS”) as determined by the CAISO, Buyer shall pay Seller for the Product an amount equal to the sum for each hour in the month of the product of the Energy Price times using the sum of Bundled Green the Designated Hourly Fuel Consumption for each AHR Hour of the month divided by the sum of the Final Physical Energy plus Deemed Bundled Green Energy in Schedules for each such hour (“Monthly Energy Payment”)of the month. For each month during which Seller has not achieved FCDS as determined by purposes of this calculation, the CAISO, Buyer shall pay Seller “Designated Hourly Fuel Consumption” for the Product an amount equal to the sum for each hour in the month of Unit is the product of (i) Final Physical Energy Schedule divided by Unadjusted Metered Energy for that hour, multiplied by (ii) actual fuel consumption of the Unit for such hour as measured by the Gas Metering Equipment. (b) The GHR for the Delivery Month and the AHR for the Delivery Month will be used to determine the Billing Heat Rate for the monthly Energy Price minus [insert the $/MWh equal in that Delivery Month as set forth in Section H above. 3. The Operations Committee shall evaluate, and may recommend to the Deliverability Value] Parties, procedures to provide additional incentives to Seller to maintain low actual heat rate for the Unit. J. Variable O&M Payments The Variable O&M Payment (“Deliverability ValueVOMP”) times for each monthly billing period equals the Variable O&M Rate multiplied by the sum, over only those hours when the Unit is Scheduled pursuant to Section 3.2, of the lesser of in each hour:(i) the Unadjusted Metered Energy (in MWh); or (ii) the Final Physical Energy Schedule (in MWh). The Variable O&M Rate for the term of the Agreement is $12.00 / MWh. K. Start-up Payment Buyer shall pay Seller a Monthly Start Payment or “MSP” equal to the product of the Start Price (“SP”) of $1,000.00 per successful start of the Unit times the number of successful starts of the Unit in the month in response to a start request from Buyer. A start is deemed successful where the Unit has either: (i) reached its Final Physical Energy Schedule or (ii) the Unit is in a steady state of operation for one (1) hour following the initiation of the start sequence (“Successful Start”). Buyer is not obligated to pay the Start Price for unsuccessful starts or for starts not requested by Buyer. Buyer is entitled to no more than two (2) Successful Starts per day. L. Start Fuel Price (“SFP”) 1. For each Successful Start in response to a start request from Buyer and using fuel supplied by Seller pursuant to the Approved Fuel Plan, Buyer shall pay Seller a “Start Fuel Price” or “SFP” as follows: where, BSF is the “Billing Start Fuel” which shall be the lesser of the Actual Start Fuel (“ASF”) or the Guaranteed Start Fuel (“GSF”), expressed in mmBtu/start (HHV) where, ASF is the amount of fuel consumed during the period commencing upon the initiation of the starting sequence and ending when either (i) for Successful Starts, the Unit has reached its Final Physical Energy Schedule or one (1) hour following the initiation of the start sequence, or (ii) for unsuccessful starts, the attempt to start is terminated and the Unit begins an outage; “Guaranteed Start Fuel” (“GSF”) is 200 mmBtu (HHV) / Start-up; and, BTGP is the “Burner Tip Gas Price” as defined in Section M. 2. SFP shall be zero for each and every start that (i) uses fuel supplied by Buyer, (ii) was not requested by Buyer or (iii) was unsuccessful. 3. The Monthly Start Fuel Payment or “MSFP” shall be the sum of Bundled Green SFP for all starts in a month. 4. If Buyer supplies the fuel consumed during start-up, Seller shall reimburse Buyer monthly for its actual incremental delivered cost of fuel: (a) For those starts where ASF exceeds GSF for successful starts (and only to the extent that ASF exceeded GSF); and (b) for unsuccessful starts, if any. M. Fuel Cost and Fuel Supply 1. Seller shall arrange for natural gas transportation to the Facilities which transportation may be interruptible. In the event Buyer notifies Seller in its annual review of the Approved Fuel Plan described below that it wishes for Seller to arrange for firm natural gas transportation, Seller shall use commercially reasonable efforts to obtain firm transportation service but shall have no liability in the event that firm transportation is not available. Seller’s cost of natural gas transportation shall be included in the calculation of the Variable Fuel Cost or Fixed Fuel Charge as appropriate. 2. Seller will allocate for Buyer's account all actual fuel costs incurred by Seller for the Unit for all hours in which Energy plus Deemed Bundled Green Energy was Scheduled from the Unit by Buyer utilizing (togetherfor purposes of allocating fuel usage to the specific hours in which the Unit operated with respect to Buyer’s Schedule) the meter data from the Gas Metering Equipment. Such amount allocated to Buyer’s account will be deemed the “Preliminary Variable Fuel Cost” and will include all actual variable fuel costs, including commodity, transportation, fees, taxes and other charges, delivered to the Unit, as such costs are determined in accordance with the then-current Approved Fuel Plan, excluding imbalance costs addressed in M.5; provided, however, that any fixed fuel costs incurred by Seller in providing fuel to the Unit pursuant to the Approved Fuel Plan shall be recovered by Seller from Buyer in the form of the monthly Fixed Fuel Charge (“FFC”), as provided in Section M.4 below, and these portions of Unit fuel costs shall be otherwise excluded from the Preliminary Variable Fuel Cost. In addition, the Preliminary Variable Fuel Cost will be adjusted as follows: For each hour in which the Unit is dispatched by Buyer, the portion of the Preliminary Variable Fuel Cost allocated to such hour (the “Monthly Preliminary Hourly Variable Fuel Cost”) will be multiplied by the ratio of the Final Physical Energy PaymentSchedule for such hour to the Unadjusted Metered Energy for such hour and such resulting product will be deemed the “Designated Hourly Variable Fuel Cost”). The sum of the Designated Hourly Variable Fuel Costs will equal the “Variable Fuel Cost” for such month. 3. The Burner Tip Gas Price (“BTGP”) shall be calculated by dividing the Variable Fuel Cost for a month by the sum of the Designated Hourly Fuel Consumption for the month, expressed as mmBtu.