Common use of First Two Contract Years Clause in Contracts

First Two Contract Years. If a copy of the IE Energy Assessment Report is not provided to Company, the BOP Benchmark for the first two Contract Years shall be 97%. If a copy of the IE Energy Assessment Report is provided to Company, the BOP Benchmark shall be derived from the IE Energy Assessment Report on the basis of the estimated electrical losses for the BOP used in the IE Energy Assessment Report in arriving at the NEP IE Estimate. Within 30 Days of Company's receipt of the IE Energy Assessment Report, Company shall provide written notice to Seller of either (aa) the BOP Benchmark derived from the IE Energy Assessment Report or (bb) Company's inability to reasonably derive a BOP Benchmark from the IE Energy Assessment, in which case the BOP Benchmark shall be 97%.