Common use of Fast Frequency Response Criteria and Liquidated Damages Clause in Contracts

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction time; (ii) The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) The resource achieves at least 70% of the new steady state active power target within the settling time; Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling the fast frequency response controls, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment while the Facility fast frequency response controls remain disabled to allow Seller to perform corrective actions on the Facility to Company’s reasonable satisfaction. Such liquidated damages shall be due within thirty (30) Days of Company's written demand. Company agrees that, when evaluating performance under this Section 2.11 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction time; (ii) The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) The resource achieves at least 70% of the new steady state active power target within the settling time; ; (iv) Overshoot does not exceed 5% of the final steady state active power; and and (v) The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling the fast frequency response controls, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment while the Facility fast frequency response controls remain disabled to allow Seller to perform corrective actions on the Facility to Company’s reasonable satisfaction. Such liquidated damages shall be due within thirty (30) Days of Company's written demand. Company agrees that, when evaluating performance under this Section 2.11 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction time; (ii) The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) The resource achieves at least 70% of the new steady state active power target within the settling time; Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling the fast frequency response controls, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment while the Facility fast frequency response controls remain disabled to allow Seller to perform corrective actions on the Facility to Company’s reasonable satisfaction. Such liquidated damages shall be due within thirty (30) Days of Company's written demand. Company agrees that, when evaluating performance under this Section 2.11 2.12 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 2.12 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "“Fast Frequency Response Performance Metric"”): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction timePerform per design approved by Company [DRAFTING NOTE: To be elaborated upon based on Facility design]; (ii) The resource achieves at least 63When control is activated, achieve 95% to 105% of control commanded full response at the new steady state active power output POI within 200 msecs of the rise time;initiation of the disturbance; and (iii) The resource achieves at least 70% Meet all other requirements listed in Section 3(p) (Fast Frequency Response) of the new steady state active power target within the settling time; Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling bandAttachment B (Facility Owned by Seller). Company will review historical operational data to determine the Facility's ’s fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's ’s satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling the fast frequency response controls, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment while the Facility fast frequency response controls remain disabled to allow Seller to perform corrective actions on the Facility to Company’s reasonable satisfaction. Such liquidated damages shall be due within thirty (30) Days of Company's ’s written demand. In the event Seller fails to pay Company amounts of liquidated damages due under this Section 4.7(a) (Fast Frequency Response Criteria and Liquidated Damages) within thirty (30) Days of receipt of Company’s written demand, Company may set-off such amounts due against payments it is otherwise obligated to make under this Agreement. Company agrees that, when evaluating performance under this Section 2.11 4.7 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 4.7 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction response time; (ii) The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) The resource achieves at least 70% of the new steady state active power target within the settling time; and (iv) Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing fails to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the monthly Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling disconnection from the fast frequency response controlsCompany System, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the monthly Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment Payments while the Facility fast frequency response controls remain disabled remains disconnected from the Company System to allow Seller to perform corrective actions on the Facility to Company’s reasonable satisfactionFacility. Such liquidated damages shall be due within thirty (30) Days of Company's written demand. Company agrees that, when evaluating performance under this Section 2.11 2.13 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 2.13 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction response time; (ii) The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) The resource achieves at least 70% of the new steady state active power target within the settling time; and (iv) Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing fails to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the monthly Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling disconnection from the fast frequency response controlsCompany System, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the monthly Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment Payments while the Facility fast frequency response controls remain disabled remains disconnected from the Company System to allow Seller to perform corrective actions on the Facility to Company’s reasonable satisfactionFacility. Such liquidated damages shall be due within thirty (30) Days of Company's written demand. Company agrees that, when evaluating performance under this Section 2.11 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "“Fast Frequency Response Performance Metric"): (i) ”): The time between a step change in frequency and the response is no more than 1.3 times the target reaction time; (ii) ; The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) ; The resource achieves at least 70% of the new steady state active power target within the settling time; Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's ’s fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's ’s satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the monthly Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling disconnection from the fast frequency response controlsCompany System, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the monthly Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the monthly Lump Sum Payment Payments while the Facility fast frequency response controls remain disabled remains disconnected from the Company System to allow Seller to perform corrective actions on the Facility to Company’s reasonable satisfaction. Such liquidated damages shall be due within thirty (30) Days of Company's ’s written demand. In the event Seller fails to pay Company amounts of liquidated damages due under this Section 4.6(a) (Fast Frequency Response Criteria and Liquidated Damages) within thirty (30) Days of receipt of Company’s written demand, Company may set-off such amounts due against payments it is otherwise obligated to make under this Agreement. Company agrees that, when evaluating performance under this Section 2.11 4.6 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 4.6 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response ): Perform per design approved by Company [DRAFTING NOTE: TO BE ELABORATED UPON BASED ON FACILITY DESIGN.]; When control is no more than 1.3 times the target reaction time; (ii) The resource achieves at least 63activated, achieve 95% to 105% of control commanded full response at the new steady state active power output POI within the rise time; (iii) The resource achieves at least 70% 200 msecs of the new steady state active power target within the settling time; Overshoot does not exceed 5% initiation of the final steady state active powerdisturbance; and The new steady-state active power output is within the settling bandMeet all other requirements listed in Section 3(p) (Fast Frequency Response) of Attachment B (Facility Owned by Seller). Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) : for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company; and (2) and in the event poor Facility fast frequency response performance requires disabling the fast frequency response controls, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay pay, and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment while the Facility fast frequency response controls remain disabled to allow Seller to perform implement corrective actions on the Facility to Company’s 's reasonable satisfaction. Such liquidated damages shall be due within thirty (30) Days of Company's written demand. Company agrees that, when evaluating performance under this Section 2.11 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "“Fast Frequency Response Performance Metric"): (i) ”): The time between a step change in frequency and the response is no more than 1.3 times the target reaction response time; (ii) ; The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) ; The resource achieves at least 70% of the new steady state active power target within the settling time; and Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's fast ’s frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's ’s satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing fails to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the monthly Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling disconnection from the fast frequency response controlsCompany System, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the monthly Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the monthly Lump Sum Payment Payments while the Facility fast frequency response controls remain disabled remains disconnected from the Company System to allow Seller to perform corrective actions on the Facility to Company’s reasonable satisfactionFacility. Such liquidated damages shall be due within thirty (30) Days of Company's ’s written demand. In the event Seller fails to pay Company amounts of liquidated damages due under this Section 4.6(a) (Fast Frequency Response Criteria and Liquidated Damages) within thirty (30) Days of receipt of Company’s written demand, Company may set-off such amounts due against payments it is otherwise obligated to make under this Agreement. Company agrees that, when evaluating performance under this Section 2.11 4.6 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 4.6 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction time; (ii) The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) The resource achieves at least 70% of the new steady state active power target within the settling time; Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the monthly Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling of the fast frequency response controls, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment while the Facility fast frequency response controls remain disabled to allow Seller to perform implement corrective actions on the Facility to Company’s 's reasonable satisfaction. Such liquidated damages shall be due within thirty (30) Days of Company's written demand. Company agrees that, when evaluating performance under this Section 2.11 2.12 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 2.12 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction timePerform per design approved by Company [DRAFTING NOTE: TO BE ELABORATED UPON BASED ON FACILITY DESIGN.]; (ii) The resource achieves at least 63When control is activated, achieve 95% to 105% of control commanded full response at the new steady state active power output POI within 200 msecs of the rise time;initiation of the disturbance; and (iii) The resource achieves at least 70% Meet all other requirements listed in Section 3(p) (Fast Frequency Response) of the new steady state active power target within the settling time; Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling bandAttachment B (Facility Owned by Seller). Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling the fast frequency response controls, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay pay, and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment while the Facility fast frequency response controls remain disabled to allow Seller to perform implement corrective actions on the Facility to Company’s 's reasonable satisfaction. Such liquidated damages shall be due within thirty (30) Days of Company's written demand. Company agrees that, when evaluating performance under this Section 2.11 2.12 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 2.12 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction time; (ii) The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) The resource achieves at least 70% of the new steady state active power target within the settling time; ; (iv) Overshoot does not exceed 5% of the final steady state active power; and and (v) The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year:. (1) for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling the fast frequency response controls, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company, and Seller shall not be entitled to receive further payments of the FFR Allocated Portion of the Lump Sum Payment while the Facility fast frequency response controls remain disabled to allow Seller to perform corrective actions on the Facility to Company’s reasonable satisfaction. Such liquidated damages shall be due within thirty (30) Days of Company's written demand. Company agrees that, when evaluating performance under this Section 2.11 (Fast Frequency Response Performance Metric), the available State of Charge shall be taken into consideration and Seller shall not be held to the criteria set forth in this Section 2.11 (Fast Frequency Response Performance Metric) if there is insufficient charged capacity available for the appropriate response.