Common use of Host Requested Shutdown Clause in Contracts

Host Requested Shutdown. Host from time to time may request Provider to temporarily stop operation of the Project for a period no longer than thirty (30) consecutive days or a predetermined date mutually agreed upon by both the Host and Provider, such request to be reasonably related to Host’s activities in maintaining and improving the Site. During any such Host Requested Shutdown period (but not including periods of Force Majeure or Allowed Disruption Times as defined below), Host will pay Provider an amount equal to the sum of (i) payments that Host would have made to Provider hereunder for electric energy that would have been produced by the Project during the period of the shutdown; (ii) revenues that Provider would have received with respect to the Project under the Applicable Solar Program and any other assistance program with respect to electric energy that would have been produced during the period of the shutdown; and (iii) revenues from Environmental Attributes and Tax Attributes that Provider would have received with respect to electric energy that would have been produced by the Project during the period of the shutdown. Determination of the amount of energy that would have been produced during the period of the shutdown shall be based, during the first Operations Year, on estimated levels of production and, after the first Operations Year, based on actual operation of the Project during the same period in the previous Operations Year, unless Provider and Host mutually agree to an alternative methodology. For the purpose of this clause 10 (a), Provider and Host agree that during years 4 through 20 (but not years 1 through 3) of the Term of the Agreement, Host shall be afforded a total of fifteen (15) days which may be used consecutively or in periods of at least twenty-four hours each (“Allowed Disruption Time”) during which the Project shall be rendered non-operational by Provider. Host shall not be obligated to make payments to Provider for electricity not received during the Allowed Disruption Time, nor shall Host be required to reimburse Provider for any other lost revenue during the Allowed Disruption Time, including any lost revenue associated with any reduced sales of Environmental Attributes and Tax Attributes. The Host exercising its right to the Allowed Disruption Time shall in no way effect the Performance Guarantee set forth in Section 5.(b).

Host Requested Shutdown. Host from time to time may request Provider to temporarily stop operation of the Project for a period no longer than thirty (30) consecutive days or a predetermined date mutually agreed upon by both the Host and Provider, such request to be reasonably related to Host’s activities in maintaining and improving the Site. During any such Host Requested Shutdown shutdown period (but not including periods of Force Majeure or Allowed Disruption Times as defined belowMajeure), Host will pay Provider an amount equal to the sum of of (i) payments that Host would have made to Provider hereunder for electric energy that would have been produced by the Project during the period of the shutdown; (ii) revenues that Provider would have received with respect to the Project under the Applicable Solar Program and any other assistance program with respect to electric energy that would have been produced during the period of the shutdown; and (iii) revenues from Environmental Attributes and Tax Attributes that Provider would have received with respect to electric energy that would have been produced by the Project during the period of the shutdown. Determination of the amount of energy that would have been produced during the period of the shutdown shall be based, during the first Operations Year, on estimated levels of production and, after the first Operations Year, based on actual operation of the Project during the same period in the previous Operations Year, unless Provider and Host mutually agree to an alternative methodology. For the purpose of this clause 10 (a)clause, Provider and Host the Parties agree that during years 4 through 20 (but not years 1 through 3) of the Term of the Agreement, Host shall be afforded a total of fifteen (15) days which may be used consecutively or in periods of at least twenty-four hours each (“Allowed Disruption Time”) during which the Project shall be rendered non-operational by Provider. Host shall not be obligated to make payments to Provider for electricity not received during the Allowed Disruption Time, nor shall Host be required to reimburse Provider for any other lost revenue during the Allowed Disruption Time, including any lost revenue associated with any reduced sales of Environmental Attributes and Tax Attributes. The Host exercising its right to the Allowed Disruption Time shall in no way effect the Performance Guarantee set forth in Section 5.(b).

Host Requested Shutdown. Host from time to time may request Provider "Provider" means Tioga Solar [___], LLC, a [_____] limited liability company, and all successors and assigns. to temporarily stop operation of the Project for a period no longer than thirty (30) consecutive days or a predetermined date mutually agreed upon by both the Host and Providerdays, such request to be reasonably related to HostHost ’s activities in maintaining and improving the SiteSite . During any such Host Requested Shutdown shutdown period (but not including periods of Force Majeure or Allowed Disruption Times as defined belowMajeure), Host will pay Provider an amount equal to the sum of of (i) payments that Host would have made to Provider hereunder for electric energy that would have been produced by the Project during the period of the shutdown; (ii) revenues that Provider would have received with respect to the Project under the Applicable Solar Program "Applicable Solar Program" means the program indicated on Exhibit H. and any other assistance program with respect to electric energy that would have been produced during the period of the shutdown; and (iii) revenues from Environmental Attributes "Environmental Attributes" means Renewable Energy Certificates, carbon trading credits, emissions reductions credits, emissions allowances, green tags, Green-e certifications, or other entitlements, certificates, products, or valuations attributed to the Project and its displacement of conventional energy generation, or any other entitlement pursuant to any federal, state, or local program applicable to renewable energy sources, whether legislative or regulatory in origin, as amended from time to time, and excluding, for the avoidance of doubt, any Tax Attributes or the Applicable Solar Program. and Tax Attributes that Provider would have received with respect to electric energy that would have been produced by the Project during the period of the shutdown. Determination of the amount of energy that would have been produced during the period of the shutdown shall be based, during the first Operations YearYear , on estimated levels of production and, after the first Operations YearYear , based on the actual operation of the Project during the same period in the previous Operations YearYear , unless Provider and Host "Host" means [Host], a [_____] [corporation], and all successors and assigns. mutually agree to an alternative methodology. For [(10a) If the purpose of this clause 10 customer asks Xxxxx to temporarily shut down the system (ai.e. for building maintenance), Provider and Host agree that during years 4 through 20 (but not years 1 through 3) of the Term of the Agreement, Host shall be afforded a total of fifteen (15) days which may be used consecutively or in periods of at least twenty-four hours each (“Allowed Disruption Time”) during which the Project shall be rendered non-operational by Provider. Host shall not be obligated to make payments to Provider customer must pay Tioga for electricity not sales and incentive payments that Tioga would have received during had the Allowed Disruption Time, nor shall Host be required system been operating. Shutdown of operation is limited to reimburse Provider for any other lost revenue during the Allowed Disruption Time, including any lost revenue associated with any reduced sales of Environmental Attributes and Tax Attributes. The Host exercising its right to the Allowed Disruption Time shall in no way effect the Performance Guarantee set forth in Section 5.(b)a 30 day period.