Common use of Fixed Payment Clause in Contracts

Fixed Payment. 9.1.1 Beginning with the Day immediately following the Commercial Operations Date, JPS shall pay to the Company Monthly, in arrears, an amount, as calculated and adjusted in accordance with this Clause 9.1 and Schedule 6, equal to the Fixed Payment. 9.1.2 If the Commercial Operations Date shall occur on a Day other than the first (1st) Day of a Month or if the Dependable Capacity shall be tested on a Day other than the first (1st) Day of a Month, then the Fixed Payment payable for the Month in which either of such Days occurs shall be equal to the sum of (a) the Fixed Payment payable for such Month based on the Dependable Capacity prior to such Day multiplied by a fraction, the numerator of which is the number of Days in such Month prior to and including the Commercial Operations Date or the Dependable Capacity test date, as appropriate, and the denominator of which is the total number of Days in such Month, and (b) the Fixed Payment payable for such Month based on the Dependable Capacity after such Day multiplied by a fraction, the numerator of which is the number of Days after the Commercial Operations Date or the Dependable Capacity test date, as appropriate, and the denominator of which is the total number of Days in such Month. 9.1.3 Beginning on the Day immediately following the Commercial Operations Date, JPS shall pay to the Company Monthly, in arrears, the actual amount of any levy, duty, fee or tax as applied from time to time by the Government of Jamaica or any Public Sector Entity in relation to Renewable Fuel Feed Stock transactions for the Facility; provided that JPS shall not be obliged to pay the incremental amount of any such levy, duty, fee or tax applied from time to time in relation to Renewable Fuel Feed Stock transactions for the Facility to the extent such amount is payable because the heat rate for the Facility exceeds [Guaranteed Plant Heat Rate] Btu/kWh. 9.1.4 The amount of the Fixed Payment shall be adjusted from time to time in accordance with Schedule 6.

Fixed Payment. 9.1.1 Beginning with the Day immediately following the Commercial Operations Date, JPS shall pay to the Company Monthly, in arrears, an amount, as calculated and adjusted in accordance with this Clause 9.1 and Schedule 6, equal to the Fixed Payment. 9.1.2 If the Commercial Operations Date shall occur on a Day other than the first (1st) Day of a Month or if the Dependable Capacity shall be tested on a Day other than the first (1st) Day of a Month, then the Fixed Payment payable for the Month in which either of such Days occurs shall be equal to the sum of of (a) the Fixed Payment payable for such Month based on the Dependable Capacity prior to such Day multiplied by a fraction, the numerator of which is the number of Days in such Month prior to and including the Commercial Operations Date or the Dependable Capacity test date, as appropriate, and the denominator of which is the total number of Days in such Month, and and (b) the Fixed Payment payable for such Month based on the Dependable Capacity after such Day multiplied by a fraction, the numerator of which is the number of Days after the Commercial Operations Date or the Dependable Capacity test date, as appropriate, and the denominator of which is the total number of Days in such Month. 9.1.3 Beginning on the Day immediately following the Commercial Operations Date, JPS shall pay to the Company Monthly, in arrears, the actual amount of any common external tariff or any other levy, duty, fee duty or tax as applied from time to time levied by the Government of Jamaica or any Public Sector Entity in relation to Renewable Fuel Feed Stock transactions for the Facility; provided that JPS shall not be obliged to pay the incremental amount of any such common external tariff, or any other levy, duty, fee duty or tax applied from time to time levied in relation to Renewable Fuel Feed Stock transactions for the Facility to the extent such amount is payable because the heat rate for the Facility exceeds (i) [Operating Plant Heat Rate With Spinning Reserve] Btu/kWh while the Company is providing the Spinning Reserve at the request of the Control Center and (ii) [Guaranteed Plant Heat Rate] Btu/kWhkWh at any other time; provided, further, that JPS shall not be obligated to pay any common external tariff until and unless the Company shall have provided JPS with a copy of the invoice from the Fuel supplier specifying the amount payable by the Company for such common external tariff and a due date for the payment thereof prior to the date of submission of such invoice to JPS which shall be marked by the Company as having been paid. 9.1.4 The amount of the Fixed Payment shall be adjusted from time to time in accordance with Schedule 6.