Common use of Forecasting and Availability Clause in Contracts

Forecasting and Availability. (a) No later than sixty (60) calendar days prior to the projected Commercial Operation Date, and prior to October 1 of each Calendar Year thereafter during the Term, and without waiving any rights of Buyer or the requirements and obligations of Seller specified in Section 3.5, Seller shall submit to Buyer in writing a good faith estimate of each month's average-day energy production to be generated by the Facility and delivered to Buyer during the following Calendar Year, including the time, duration and magnitude of any scheduled maintenance period(s) or reductions in Net Energy to be delivered to Buyer. This forecast shall include an expected range of uncertainty based on historical operating experience. Seller shall update the forecast for each month at least five (5) Business Days before the first Business Day of such month. In addition, Seller shall update a forecast at any time information becomes available indicating a change in the forecast relative to the most previously provided forecast. (b) Seller shall provide or cause to be provided to Buyer a copy of a rolling one hundred and twenty (120) hour forecast of the expected Net Energy production from the Facility, by hour, for each upcoming five (5) day period. This forecast shall include an expected range of uncertainty based on historical operating experience. On or before 0600 Eastern Prevailing Time on the Business Day immediately preceding the day on which Net Energy is to be delivered, Seller shall provide Buyer with an hourly forecast of availability for each hour of the next day. A forecast provided on a day before any non-Business Day shall also include forecasts for each day to and including the next Business Day. Seller shall update a forecast any time information becomes available indicating a change in the forecast of the Net Energy from the then-current forecast. The Parties shall cooperate to implement and use automatic forecast updates to the extent feasible. Without limiting the foregoing, Buyer shall utilize availability data provided by Seller to create rolling forecast of expected Net Energy production, by hour, for the next forty-eight (48) hours. To the extent Seller provides such forecasts it shall prepare such forecasts and updates (or cause such forecasts and updates to be prepared) by utilizing a solar prediction model or service (a) that is commercially available or proprietary to Seller or an Affiliate of Seller, and (b) reasonably comparable to models or services commonly used in the solar energy industry and that reflect solar availability, so long as such model or service is available at a commercially reasonable cost. (c) In the event that Seller has any information or other commercially reasonable basis to believe that the production from the Facility on any day will be materially lower or higher than what would otherwise be expected based on the forecasts provided pursuant to Section 6.1, then Seller will inform Buyer of such circumstance by 0500 Eastern Prevailing Time on the preceding Business Day.

Forecasting and Availability. (a) No later than sixty (60) calendar days prior to the projected Commercial Operation Date, and prior to October 1 of each Calendar Year thereafter during the Term, and without waiving any rights of Buyer or the requirements and obligations of Seller specified in Section 3.5, Seller shall submit to Buyer in writing a good faith estimate of each month's ’s average-day energy production to be generated by the Facility and delivered to Buyer during the following Calendar Year, including the time, duration and magnitude of any scheduled maintenance period(s) or reductions in Net Energy to be delivered to Buyer. This forecast shall include an expected range of uncertainty based on historical operating experience. Seller shall update the forecast for each month at least five (5) Business Days before the first Business Day of such month. In addition, Seller shall promptly update a forecast at any time information becomes available indicating a change in the forecast relative to the most previously provided forecast. (b) Seller shall provide or cause to be provided to Buyer a copy of a rolling one hundred and twenty (120) hour forecast of the expected Net Energy production from the Facility, by hour, for each upcoming five (5) day period. This forecast shall include an expected range of uncertainty based on historical operating experience. On or before 0600 Eastern Prevailing Time on the Business Day immediately preceding the day on which Net Energy is to be delivered, Seller shall provide Buyer with an hourly forecast of availability for each hour of the next day. A An hourly forecast provided on a day before any non-Business Day shall also include forecasts for each day to and including the next Business Day. Seller shall promptly update a an hourly forecast any time information becomes available indicating a change in the forecast of the Net Energy from the then-current forecast. The Parties shall cooperate to implement and use automatic forecast updates to the extent feasible. Without limiting the foregoing, Buyer shall utilize availability data provided by Seller to create rolling forecast of expected Net Energy production, by hour, for the next forty-eight (48) hours. To the extent Seller provides such forecasts it shall prepare such forecasts and updates (or ELECTRONICALLY FILED - 2021 June 7 6:26 PM - SCPSC - Docket # 2021-88-E - Page 29 of 150 cause such forecasts and updates to be prepared) by utilizing a solar renewable generation prediction model or service (a) that is commercially available or proprietary to Seller or an Affiliate of Seller, and (b) reasonably comparable to models or services commonly used in the solar renewable energy industry and that reflect solar renewable generation availability, so long as such model or service is available at a commercially reasonable cost. (c) In the event that Seller has any information or other commercially reasonable basis to believe that the production from the Facility on any day will be materially lower or higher (plus or minus ten percent (10%) or more) than what would otherwise be expected based on the forecasts provided pursuant to Section 6.1, then Seller will inform Buyer of such circumstance by 0500 Eastern Prevailing Time on the preceding Business Day.

Forecasting and Availability. (a) No later than sixty (60) calendar days prior to the projected Commercial Operation Date, and prior to October 1 of each Calendar Year thereafter during the Term, and without waiving any rights of Buyer or the requirements and obligations of Seller specified in Section 3.5, Seller shall submit to Buyer in writing a good faith estimate of each month's ’s average-day energy production to be generated by the Facility and delivered to Buyer during the following Calendar Year, including the time, duration and magnitude of any scheduled maintenance period(s) or reductions in Net Energy to be delivered to Buyer. This forecast shall include an expected range of uncertainty based on historical operating experience. Seller shall update the forecast for each month at least five (5) Business Days before the first Business Day of such month. In addition, Seller shall promptly update a forecast at any time information becomes available indicating a change in the forecast relative to the most previously provided forecast. (b) Seller shall provide or cause to be provided to Buyer a copy of a rolling one hundred and twenty (120) hour forecast of the expected Net Energy production from the Facility, by hour, for each upcoming five (5) day period. This forecast shall include an expected range of uncertainty based on historical operating experience. On or before 0600 Eastern Prevailing Time on the Business Day immediately preceding the day on which Net Energy is to be delivered, Seller shall provide Buyer with an hourly forecast of availability for each hour of the next day. A An hourly forecast provided on a day before any non-Business Day shall also include forecasts for each day to and including the next Business Day. Seller shall promptly update a an hourly forecast any time information becomes available indicating a change in the forecast of the Net Energy from the then-current forecast. The Parties shall cooperate to implement and use automatic forecast updates to the extent feasible. Without limiting the foregoing, Buyer shall utilize availability data provided by Seller to create rolling forecast of expected Net Energy production, by hour, for the next forty-eight (48) hours. To ELECTRONICALLY FILED - 2019 September 20 5:06 PM - SCPSC - Docket # 2019-184-E - Page 28 of 66 the extent Seller provides such forecasts it shall prepare such forecasts and updates (or cause such forecasts and updates to be prepared) by utilizing a solar renewable generation prediction model or service (a) that is commercially available or proprietary to Seller or an Affiliate of Seller, and (b) reasonably comparable to models or services commonly used in the solar renewable energy industry and that reflect solar renewable generation availability, so long as such model or service is available at a commercially reasonable cost. (c) In the event that Seller has any information or other commercially reasonable basis to believe that the production from the Facility on any day will be materially lower or higher (plus or minus ten percent (10%) or more) than what would otherwise be expected based on the forecasts provided pursuant to Section 6.1, then Seller will inform Buyer of such circumstance by 0500 Eastern Prevailing Time on the preceding Business Day.

Forecasting and Availability. (a) No later than sixty (60) calendar days prior to the projected Commercial Operation Date, and prior to October 1 of each Calendar Year thereafter during the Term, and without waiving any rights of Buyer or the requirements and obligations of Seller specified in Section 3.5, Seller shall submit to Buyer in writing a good faith estimate of each month's average-day energy production to be generated by the Facility and delivered to Buyer during the following Calendar Year, including the time, duration and magnitude of any scheduled maintenance period(s) or reductions in Net Energy to be delivered to Buyer. This forecast shall include an expected range of uncertainty based on historical operating experience. Seller shall update the forecast for each month at least five (5) Business Days before the first Business Day of such month. In addition, Seller shall update a forecast at any time information becomes available indicating a change in the forecast relative to the most previously provided forecast. (b) Seller shall provide or cause to be provided to Buyer a copy of a rolling one hundred and twenty (120) hour forecast of the expected Net Energy production from the Facility, by hour, for each upcoming five (5) day period. This forecast shall include an expected range of uncertainty based on historical operating experience. On or before 0600 Eastern Prevailing Time on the Business Day immediately preceding the day on which Net Energy is to be delivered, Seller shall provide Buyer with an hourly forecast of availability for each hour of the next day. A forecast provided on a day before any non-Business Day shall also include forecasts for each day to and including the next Business Day. Seller shall update a forecast any time information becomes available indicating a change in the forecast of the Net Energy from the then-current forecast. The Parties shall cooperate to implement and use automatic forecast updates to the extent feasible. Without limiting the foregoing, Buyer shall utilize availability data provided by Seller to create rolling forecast of expected Net Energy production, by hour, for the next forty-eight (48) hours. To the extent Seller provides such forecasts it shall prepare such forecasts and updates (or cause such forecasts and updates to be prepared) by utilizing a solar prediction model or service (a) that is commercially available or proprietary to Seller or an Affiliate of Seller, and (b) reasonably comparable to models or services commonly used in the solar energy industry and that reflect solar availability, so long as such model or service is available at a commercially reasonable cost. (c) In the event that Seller has any information or other commercially reasonable basis to believe that the production from the Facility on any day will be materially lower or higher than what would otherwise be expected based on the forecasts provided pursuant to Section 6.1, then Seller will inform Buyer of such circumstance by 0500 Eastern Prevailing Time on the preceding Business Day.

Forecasting and Availability. (a) No later than sixty (60) calendar days prior to the projected Commercial Operation Date, and prior to October 1 of each Calendar Year thereafter during the Term, and without waiving any rights of Buyer or the requirements and obligations of Seller specified in Section 3.5, Seller shall submit to Buyer in writing a good faith estimate of each month's ’s average-day energy production to be generated by the Facility and delivered to Buyer during the following Calendar Year, including the time, duration and magnitude of any scheduled maintenance period(s) or reductions in Net Energy to be delivered to Buyer. This forecast shall include an expected range of uncertainty based on historical operating experience. Seller shall update the forecast for each month at least five (5) Business Days before the first Business Day of such month. In addition, Seller shall promptly update a forecast at any time information becomes available indicating a change in the forecast relative to the most previously provided forecast. (b) Seller shall provide or cause to be provided to Buyer a copy of a rolling one hundred and twenty (120) hour forecast of the expected Net Energy production from the Facility, by hour, for each upcoming five (5) day period. This forecast shall include an expected range of uncertainty based on historical operating experience. On or before 0600 Eastern Prevailing Time on the Business Day immediately preceding the day on which Net Energy is to be delivered, Seller shall provide Buyer with an hourly forecast of availability for each hour of the next day. A An hourly forecast provided on a day before any non-Business Day shall also include forecasts for each day to and including the next Business Day. Seller shall promptly update a an hourly forecast any time information becomes available indicating a change in the forecast of the Net Energy from the then-current forecast. The Parties shall cooperate to implement and use automatic forecast updates to the extent feasible. Without limiting the foregoing, Buyer shall utilize availability data provided by Seller to create rolling forecast of expected Net Energy production, by hour, for the next forty-eight (48) hours. To the extent Seller provides such forecasts it shall prepare such forecasts and updates (or cause such forecasts and updates to be prepared) by utilizing a solar renewable generation prediction model or service (a) that is commercially available or proprietary to Seller or an Affiliate of Seller, and (b) reasonably comparable to models or services commonly used in the solar renewable energy industry and that reflect solar renewable generation availability, so long as such model or service is available at a commercially reasonable cost. (c) In the event that Seller has any information or other commercially reasonable basis to believe that the production from the Facility on any day will be materially lower or higher (plus or minus ten percent (10%) or more) than what would otherwise be expected based on the forecasts provided pursuant to Section 6.1, then Seller will inform Buyer of such circumstance by 0500 Eastern Prevailing Time on the preceding Business Day.