Common use of Forecasting Clause in Contracts

Forecasting. (a) Seller shall cause the Forecaster to provide (at Seller’s sole expense) to Buyer a generation forecast for the Generating Facility for the immediately succeeding Day in intervals corresponding to the MISO Settlement Intervals for the MISO Market that has the shortest MISO Settlement Intervals (each a “Generation Forecast”), setting forth, with respect to each such interval, (i) the forecasted amount of Delivered Energy during such interval and (ii) if such forecasted amount is less than the maximum Contract Energy that could be generated by the Generating Facility at such time as a result of (A) any curtailment pursuant to Section 7.4, (B) a Reliability Curtailment, (C) the limit of the Maximum Delivered Contract Energy or (D) any other cause, the amount and cause of such limitation. The forecasted amounts of Delivered Energy and any limitation amounts set forth in each Generation Forecast in respect of any interval shall be the Forecaster’s reasonable best estimate of the amount of the Delivered Energy during such interval. Seller shall cause the Forecaster to prepare all such estimates in good faith and following Accepted Industry Practices, including taking into account the operating condition of the Generating Facility, auxiliary load(s), insolation, temperature and relative humidity conditions, losses, availability of and other circumstances relating to electric transmission and other relevant factors at such time. Seller acknowledges and agrees that the amount of the Annual Guaranteed Energy Quantity, Minimum Two Consecutive Contract Year Energy Quantity and Minimum Three Contract Year Energy Quantity shall not act as a cap on or otherwise affect Seller’s estimation of the amount of forecasted Delivered Energy at any time. Seller acknowledges and agrees that at no time during the Delivery Term may the Delivered Energy ever exceed the Maximum Delivered Contract Energy, and Seller shall operate the Generating Facility accordingly.

Forecasting. (a) Seller shall cause the Forecaster to provide (at Seller’s sole expense) to Buyer a generation forecast for the Generating Facility for the immediately succeeding Day in intervals corresponding to the MISO Settlement Intervals for the MISO Market that has the shortest MISO Settlement Intervals (each a “Generation Forecast”), setting forth, with respect to each such interval, (i) the forecasted amount of Delivered Energy during such interval and (ii) if such forecasted amount is less than the maximum Contract Energy that could be generated by the Generating Facility at such time as a result of (A) any curtailment pursuant to Section 7.4, (B) a Reliability Curtailment, (C) the limit of the Maximum Delivered Contract Energy or (D) any other cause, the amount and cause of such limitation. The forecasted amounts of Delivered Energy and any limitation amounts set forth in each Generation Forecast in respect of any interval shall be the Forecaster’s reasonable best estimate of the amount of the Delivered Energy during such interval. Seller shall cause the Forecaster to prepare all such estimates in good faith and following Accepted Industry Practices, including taking into account the operating condition of the Generating Facility, auxiliary load(s), insolationwind speed, wind direction, temperature and relative humidity conditions, losses, availability of and other circumstances relating to electric transmission and other relevant factors at such time. Seller acknowledges and agrees that the amount of the Annual Guaranteed Energy Quantity, Minimum Two Consecutive Contract Year Energy Quantity and Minimum Three Contract Year Energy Quantity shall not act as a cap on or otherwise affect Seller’s estimation of the amount of forecasted Delivered Energy at any time. Seller acknowledges and agrees that at no time during the Delivery Term may the Delivered Energy ever exceed the Maximum Delivered Contract Energy, and Seller shall operate the Generating Facility accordingly.

Forecasting. (a) Seller shall cause the Forecaster to provide (at Seller’s sole expense) to Buyer a generation forecast for the Generating Facility for the immediately succeeding Day in intervals corresponding to the MISO Settlement Intervals for the MISO Market that has the shortest MISO Settlement Intervals (each a “Generation Forecast”), setting forth, with respect to each such interval, (i) the forecasted amount of Delivered Energy during such interval and (ii) if such forecasted amount is less than the maximum Contract Energy that could be generated by the Generating Facility at such time as a result of (A) any curtailment pursuant to Section 7.4, (B) a Reliability Curtailment, (C) the limit of the Maximum Delivered Contract Energy or (D) any other cause, the amount and cause of such limitation. The forecasted amounts of Delivered Energy and any limitation amounts set forth in each Generation Forecast in respect of any interval shall be the Forecaster’s reasonable best estimate of the amount of the Delivered Energy during such interval. Seller shall cause the Forecaster to prepare all such estimates in good faith and following Accepted Industry Practices, including taking into account the operating condition of the Generating Facility, auxiliary load(s), insolation, temperature and relative humidity conditions, losses, availability of and other circumstances relating to electric transmission and other relevant factors at such time. Seller acknowledges and agrees that the amount of the Annual Guaranteed Energy Quantity, Minimum Two Consecutive Contract Year Energy Quantity and Minimum Three Contract Year Energy Quantity shall not act as a cap on or otherwise affect Seller’s estimation of the amount of forecasted Delivered Energy at any time. Seller acknowledges and agrees that at no time during the Delivery Term may the Delivered Energy ever exceed the Maximum Delivered Contract Energy, and and, without limiting Seller’s rights under Section 4.7, Seller shall operate the Generating Facility accordingly.

Forecasting. (a) Seller shall cause the Forecaster to provide (at Seller’s sole expense) to Buyer a generation forecast for the Generating Facility for the immediately succeeding Day in intervals corresponding to the MISO Settlement Intervals for the MISO Market that has the shortest MISO Settlement Intervals (each a “Generation Forecast”), setting forth, with respect to each such interval, (i) the forecasted amount of Delivered Energy during such interval and (ii) if such forecasted amount is less than the maximum Contract Energy that could be generated by the Generating Facility at such time as a result of (A) any curtailment pursuant to Section 7.4, (B) a Reliability Curtailment, (C) the limit of the Maximum Delivered Contract Energy or (D) any other cause, the amount and cause of such limitation. The forecasted amounts of Delivered Energy and any limitation amounts set forth in each Generation Forecast in respect of any interval shall be the Forecaster’s reasonable best estimate of the amount of the Delivered Energy during such interval. Seller shall cause the Forecaster to prepare all such estimates in good faith and following Accepted Industry Practices, including taking into account the operating condition of the Generating Facility, auxiliary load(s), insolation, temperature and relative humidity conditions, losses, availability of and other circumstances relating to electric transmission and other relevant factors at such time. Seller acknowledges and agrees that the amount of the Annual Guaranteed Energy Quantity, Minimum Two Consecutive Contract Year Energy Quantity and Minimum Three Contract Year Energy Quantity shall not act as a cap on or otherwise affect Seller’s estimation of the amount of forecasted Delivered Energy at any time. Seller acknowledges and agrees that at no time during the Delivery Term may the Delivered Energy ever exceed the Maximum Delivered Contract Energy, and Seller shall operate the Generating Facility accordingly.