Expected Term Year Energy Production. The Expected Term Year Energy Production for each Term Year equals [ ] kWh. The actual energy production of the Generating Facility may change from time to time; provided, however, that (a) Seller shall provide Buyer with 30 days advance Notice of any change to the actual energy production that Seller reasonably anticipates will be greater than 4,380,000 kWh, on an annual basis, and (b) the Expected Term Year Energy Production may not exceed the As-Available Contract Capacity at 100% capacity factor applied over the Term Year.
Expected Term Year Energy Production. The Expected Term Year Energy Production for each Term Year equals [ ] kWh. The Expected Term Year Energy Production may be revised in accordance with Section 3.07(c), or based on changes in the Site Host Load or the Site Host thermal requirements; provided, however, that such revision must be supported by a certification from a California-licensed professional engineer qualified to make a representation affirming that such revision is reasonable and based on (i) actual modifications to the Generating Facility performed or to be performed by Seller in accordance with and subject to Section 3.07(c), or (ii) changes in the Site Host Load or the Site Host thermal requirements. Such certification must include all data relied on to support the revised Expected Term Year Energy Production. {Buyer Comment: Expected Term Year Energy Production cannot exceed Net Contract Capacity at 100% capacity factor applied over the Term Year.}
Expected Term Year Energy Production. The Expected Term Year Energy Production for each Term Year equals [___] kWh. The Expected Term Year Energy Production may be revised in accordance with Section 3.07(c), or based on changes in the Site Host Load or the Site Host thermal requirements; provided, however, that such revision must be supported by a certification from a California-licensed professional engineer qualified to make a representation affirming that such revision is reasonable and based on (i) actual modifications to the Generating Facility performed or to be performed by Seller in accordance with and subject to Section 3.07(c), or (ii) changes in the Site Host Load or the Site Host thermal requirements. Such certification must include all data relied on to support the revised Expected Term Year Energy Production. {Buyer Comment: Expected Term Year Energy Production cannot exceed Net Contract Capacity at 100% capacity factor applied over the Term Year.} Efficiency. The Generating Facility has an Efficiency Rating of [__]% (the “Expected ER”). If, at any time during the Term, the Efficiency Rating of the Generating Facility falls below the Expected ER (an “Efficiency Rating Deficiency”), Buyer shall send a Notice to Seller, which Notice shall require Seller, within 90 days after Seller’s receipt of Buyer’s Notice, to provide a written plan and schedule (the “Efficiency Rating Cure Plan”) for correcting the Efficiency Rating Deficiency. Within 30 days after Xxxxx’s timely receipt of the Efficiency Rating Cure Plan from Seller, Buyer shall provide a Notice to Seller either accepting or rejecting such Efficiency Rating Cure Plan. If Xxxxx rejects the Efficiency Rating Cure Plan, Buyer and Seller shall negotiate in good faith to rectify any deficiency in the Efficiency Rating Cure Plan. Upon Xxxxx’s acceptance of the Efficiency Rating Cure Plan, Buyer shall send a Notice to Seller, which Notice shall provide Seller with 180 days from the date of such Notice (the “Efficiency Rating Cure Period”) to rectify the Efficiency Rating Deficiency. On or before the last day of the Efficiency Rating Cure Period (the “Efficiency Rating Cure Date”), Seller must demonstrate to Buyer’s reasonable satisfaction that Seller has cured the Efficiency Rating Deficiency by establishing that (1) Seller has satisfied its obligations under the Efficiency Rating Cure Plan, and (2) the Efficiency Rating of the Generating Facility is equal to or greater than the Expected ER (such demonstration may include, at Buyer’s...
Expected Term Year Energy Production. The Expected Term Year Energy Production for each Term Year equals [ ] kWh. The Expected Term Year Energy Production may be revised in accordance with Section 3.07(c), or based on changes in the Site Host Load or the Site Host thermal requirements; provided, however that the Expected Term Year Energy Production may never exceed 131,400,000 kWh in any Term Year. {Buyer Comment: Expected Term Year Energy Production cannot exceed 131,400,000 kWh per Term Year.}
Expected Term Year Energy Production. The Expected Term Year Energy Production for each Term Year equals [number of kWh] kWh. The Expected Term Year Energy Production may be revised based on changes in the Site Host Load or the Site Host thermal requirements; provided, however, that such revision must be supported by a certification from a California-licensed professional engineer qualified to make a representation affirming that such revision is reasonable and based on changes in the Site Host Load or the Site Host thermal requirements. Such certification must include all data relied on to support the revised Expected Term Year Energy Production.
Expected Term Year Energy Production. The Expected Term Year Energy Production for each Term Year equals [___] kWh. The Expected Term Year Energy Production may be revised based on changes in the Site Host Load or the Site Host thermal requirements; provided, however, that such change must be supported by a certification from a California-licensed professional engineer qualified to make a representation affirming that such revision is reasonable and based on changes in the Site Host Load or the Site Host thermal requirements. Such certification must include all data relied on to support the revised Expected Term Year Energy Production. {Buyer Comment: Expected Term Year Energy Production cannot exceed As-Available Contract Capacity at 100% capacity factor applied over the Term Year.}
Expected Term Year Energy Production. The Expected Term Year Energy Production for each Term Year equals [ ] kWh. The Expected Term Year Energy Production may be revised in accordance with and subject to Section 3.07(c), or based on changes in the Site Host Load or the Site Host thermal requirements; provided. however. that such revision must be supported by a certification from a California-licensed professional engineer qualified to make a representation affirming that such revision is reasonable and based on (i) actual modifications to the Generating Facility performed or to be performed by Seller in accordance with and subject to Section 3.07(c), or (ii) changes in the Site Host Load or the Site Host thermal requirements. Such certification must include all data relied on to support the revised Expected Term Year Energy Production.
Expected Term Year Energy Production. (i) The Expected Term Year Energy Production for each Term Year equals [ ] kWh. {Buyer Comment: Expected Term Year Energy Production cannot exceed Net Contract Capacity at 100% capacity factor applied over the Term Year.}
(ii) The Expected Term Year Energy Production may be revised in accordance with Section 3.07(c), or based on changes in the Site Host Load or the Site Host thermal requirements; provided, however, that such revision must be supported by a certification from a California-licensed professional engineer qualified to make a representation affirming that such revision is reasonable and based on (i) actual modifications to the Generating Facility performed or to be performed by Seller in accordance with and subject to Section 3.07(c), or (ii) changes in the Site Host Load or the Site Host thermal requirements. Such certification must include all data relied on to support the revised Expected Term Year Energy Production.
(iii) Subject to adjustments in accordance with Section 1.02(e)(ii), the Expected Term Year Energy Production may never exceed [ ] kWh in any Term Year. {Buyer Comment: Insert the amount of electric energy historically delivered to Buyer by Seller under the Parties’ existing power purchase agreement (or an extension thereof as ordered by the CPUC in D.07-09-040)}.
Expected Term Year Energy Production. The Expected Term Year Energy Production for each Term Year equals [ ] kWh. The Expected Term Year Energy Production may be (i) revised in accordance with, and subject to the restrictions set forth in Section 3.07, or (ii) based on changes in the Site Host Load or the Site Host thermal requirements; provided. however. that such revision must be supported by a certification from a California-licensed professional engineer qualified to make a representation affirming that such revision is reasonable and based on (x) actual modifications to the Generating Facility performed or to be performed by Seller in accordance with and subject to Section 3.07(c), or (y) changes in the Site Host Load or the Site Host thermal requirements. Such certification must include all data relied on to support the revised Expected Term Year Energy Production. Any adjustment of the Expected Term Year Energy Production in accordance with Section 3.07(c) is subject to the restrictions set forth on Section 3.07(d).
Expected Term Year Energy Production. The Expected Term Year Energy Production for each Term Year equals [ ] kWh. The Expected Term Year Energy Production may ID #[Number], [Seller’s Name] be revised based on changes in the Site Host Load or the Site Host thermal requirements; provided, however, that such change must be supported by a certification from a California-licensed professional engineer qualified to make a representation affirming that such revision is reasonable and based on changes in the Site Host Load or the Site Host thermal requirements. Such certification must include all data relied on to support the revised Expected Term Year Energy Production.
