Common use of Initial Delivery Obligations Clause in Contracts

Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered from such Designated System is less than the Designated System Paid REC Quantity, then with respect to each such Designated System, Seller shall return a portion of the amount of payment equal to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to such uploads. (iii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), Seller fails to Deliver at least one (1) REC by the immediately upcoming October 13 if the Actual Nameplate Capacity of such Designated System is greater than 5kW or by the immediately upcoming January 11 if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW, the Designated System shall be removed from this Agreement. As soon as practicable after the occurrence of such failure by Seller to Deliver at least one (1) REC by the deadline set forth in this Section 4.1(b)(iii), the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, Schedule C and Schedule D to the Product Order for such Designated System indicating the removal of such Designated System from the Agreement. Upon the occurrence of such failure by Seller, Buyer shall be entitled to payment by Seller in the amount of the sum of: (i) the Collateral Requirement for such Designated System and (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System. (iv) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), Seller has Delivered at least one (1) REC from the Designated System by the deadline set forth in Section 4.1(b)(iii), then payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2. (v) For avoidance of doubt, in the event of a payment resumption pursuant to Section 4.1(b)(i) or Section 4.1(b)(iv), the first payment made shall be trued up to include withheld payment amounts that would have occurred if payments to Seller were not suspended.

Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered from such Designated System is less than the Designated System Paid REC Quantity, then with respect to each such Designated System, Seller shall return a portion of the amount of payment equal to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to such uploads. (iiiii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii4.1(b)(i), Seller fails to Deliver at least one (1) REC by the immediately upcoming October 13 if the Actual Nameplate Capacity of such Designated System is greater than 5kW or by the immediately upcoming January 11 if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW, the Designated System shall be removed from this Agreement. As soon as practicable after the occurrence of such failure by Seller to Deliver at least one (1) REC by the deadline set forth in this Section 4.1(b)(iii4.1(b)(ii), the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, Schedule C and Schedule D to the Product Order for such Designated System indicating the removal of such Designated System from the Agreement. Upon the occurrence of such failure by Seller, Buyer shall be entitled to payment by Seller in the amount of the sum of: (i) the Collateral Requirement for such Designated System and (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System. (iviii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii4.1(b)(i), Seller has Delivered at least one (1) REC from the Designated System by the deadline set forth in Section 4.1(b)(iii4.1(b)(ii), then payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2. (v) For avoidance of doubt, in the event of a payment resumption pursuant to Section 4.1(b)(i) or Section 4.1(b)(iv), the first payment made shall be trued up to include withheld payment amounts that would have occurred if payments to Seller were not suspended.

Initial Delivery Obligations. ‌ (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered from such Designated System is less than the Designated System Paid REC Quantity, then with respect to each such Designated System, Seller shall return a portion of the amount of payment equal to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to such uploads. (iiiii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii4.1(b)(i), Seller fails to Deliver at least one (1) REC by the immediately upcoming October 13 if the Actual Nameplate Capacity of such Designated System is greater than 5kW or by the immediately upcoming January 11 if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW, the Designated System shall be removed from this Agreement. As soon as practicable after the occurrence of such failure by Seller to Deliver at least one (1) REC by the deadline set forth in this Section 4.1(b)(iii4.1(b)(ii), the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, Schedule C and Schedule D to the Product Order for such Designated System indicating the removal of such Designated System from the Agreement. Upon the occurrence of such failure by Seller, Buyer shall be entitled to payment by Seller in the amount of the sum of: (i) the Collateral Requirement for such Designated System and (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System. (iviii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii4.1(b)(i), Seller has Delivered at least one (1) REC from the Designated System by the deadline set forth in Section 4.1(b)(iii4.1(b)(ii), then payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2. (v) For avoidance of doubt, in the event of a payment resumption pursuant to Section 4.1(b)(i) or Section 4.1(b)(iv), the first payment made shall be trued up to include withheld payment amounts that would have occurred if payments to Seller were not suspended.

Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered REC from such Designated System is less than the Designated System Paid REC Quantity, then with respect expected to each such Designated System, Seller shall return a portion of the amount of payment equal occur to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to Buyer’s PJM-EIS GATS account or M-M- RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW 5kW36 or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. For each37 Seller shall upload meter readings to PJM-PJM EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) one one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if by the applicable deadline, Seller must provide to Buyer and the IPA , with respect to such Designated System, a written notice within sixty (60) days of the applicable deadline to Deliver at least one (1) REC confirmingif such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues issues, with respect to such Designated System, known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System or and a confirmation that Seller such technical issues have been resolved by Seller. has uploaded meter readings to PJM-PJM EIS GATS or M-RETS, M- RETS and Seller shall provide information related to such uploads. uploads.38 (iii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), Seller fails to provide such written notice within sixty (60) days of the applicable deadline to Deliver at least one (1) REC REC, then by the immediately upcoming October 13 if the Actual Nameplate Capacity of such Designated System is and the RECs associated with suchis greater than 5kW or by the immediately upcoming January 11 if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW, the Designated System shall be deemed removed from this AgreementREC ContractAgreement. As soon as practicable after the occurrence of such failure by Seller Seller, to Deliver at least one (1) REC by the deadline set forth in this Section 4.1(b)(iii), the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, Schedule C and Schedule D to the Product Order for such Designated System indicating the removal of such Designated System from the Agreement. Upon the occurrence of such failure by Seller, Buyer shall be entitled to payment by Seller in the amount of the sum of36 NTD: (i) the Collateral Requirement for such Designated System and (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System. (iv) In the event that, subsequent to the submission of such REC Annual Report pursuant to LTRRPP Section 4.1(b)(ii), Seller has Delivered at least one (1) REC from the Designated System by the deadline set forth in Section 4.1(b)(iii), then payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2. (v) 6.15.5: “For avoidance of doubt, in the event of a payment resumption pursuant to Section 4.1(b)(i) or Section 4.1(b)(iv)systems larger than 5 kW, the first payment made shall REC must be trued up to include withheld payment amounts that would have occurred if payments to Seller were not suspendeddelivered within 90 days of when the system is energized and registered in GATS or M-RETS.”

Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered from such Designated System is less than the Designated System Paid REC Quantity, then with respect to each such Designated System, Seller shall return a portion of the amount of payment equal to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to such uploads. (iiiii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii4.1(b)(i), Seller fails to Deliver at least one (1) REC by the immediately upcoming October 13 if the Actual Nameplate Capacity of such Designated System is greater than 5kW or by the immediately upcoming January 11 if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW, the Designated System shall be removed from this Agreement. As soon as practicable after the occurrence of such failure by Seller to Deliver at least one (1) REC by the deadline set forth in this Section 4.1(b)(iii4.1(b)(ii), the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, Schedule C and Schedule D to the Product Order for such Designated System indicating the removal of such Designated System from the Agreement. Upon the occurrence of such failure by Seller, Buyer shall be entitled to payment by Seller in the amount of the sum of: (i) the Collateral Requirement for such Designated System and (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System. (iv) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), Seller has Delivered at least one (1) REC from the Designated System by the deadline set forth in Section 4.1(b)(iii), then payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2. (v) For avoidance of doubt, in the event of a payment resumption pursuant to Section 4.1(b)(i) or Section 4.1(b)(iv), the first payment made shall be trued up to include withheld payment amounts that would have occurred if payments to Seller were not suspended.

Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered REC from such Designated System is less than the Designated System Paid REC Quantity, then with respect expected to each such Designated System, Seller shall return a portion of the amount of payment equal occur to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to theto Buyer’s PJM-EIS GATS account or M-M- RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller For eachSeller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) one one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if by the applicable deadline, Seller must provide to Buyer and the IPA , with respect to such Designated System, a written notice within sixty (60) days of the applicable deadline to Deliver at least one (1) REC confirmingif such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (i) (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues issues, with respect to such Designated System, known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation or that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to such uploads. (iii) technical issues have been resolved by Seller. In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), that Seller fails to provide such written notice within sixty (60) days of the applicable deadline to Deliver at least one (1) REC by REC, then the immediately upcoming October 13 if the Actual Nameplate Capacity of such Designated System is greater than 5kW or by and the immediately upcoming January 11 if the Actual Nameplate Capacity of RECs associated with such Designated System is equal to or less than 5kW, the Designated System shall be deemed removed from this AgreementREC Contract. As soon as practicable after the occurrence of such failure by Seller to Deliver at least one (1) REC by the deadline set forth in this Section 4.1(b)(iii)Seller, the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, and Schedule C and Schedule D to the Product Order for such Designated System indicating the removal of such Designated System from the AgreementREC Contract. Upon the occurrence of such failure by Sellerfailure, Buyer shall be entitled to payment by Seller in the amount of the sum greater of: (i) the Collateral Requirement for such Designated System and or (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System. (iv) In the event that. and a confirmation that Xxxxxx has uploaded meter readings to PJM-EIS GATS or M-RETS, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), and Seller has Delivered at least one (1) REC from the Designated System by the deadline set forth in Section 4.1(b)(iii), then payments that are attributable shall provide information related to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2uploads. (v) For avoidance of doubt, in the event of a payment resumption pursuant to Section 4.1(b)(i) or Section 4.1(b)(iv), the first payment made shall be trued up to include withheld payment amounts that would have occurred if payments to Seller were not suspended.

Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered from such Designated System is less than the Designated System Paid REC Quantity, then with respect to each such Designated System, Seller shall return a portion of the amount of payment equal to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least oneone‌ (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to such uploads. (iiiii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii4.1(b)(i), Seller fails to Deliver at least one (1) REC by the immediately upcoming October 13 if the Actual Nameplate Capacity of such Designated System is greater than 5kW or by the immediately upcoming January 11 if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW, the Designated System shall be removed from this Agreement. As soon as practicable after the occurrence of such failure by Seller to Deliver at least one (1) REC by the deadline set forth in this Section 4.1(b)(iii4.1(b)(ii), the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, Schedule C and Schedule D to the Product Order for such Designated System indicating the removal of such Designated System from the Agreement. Upon the occurrence of such failure by Seller, Buyer shall be entitled to payment by Seller in the amount of the sum of: (i) the Collateral Requirement for such Designated System and (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System. (iviii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii4.1(b)(i), Seller has Delivered at least one (1) REC from the Designated System by the deadline set forth in Section 4.1(b)(iii4.1(b)(ii), then payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2. (v) For avoidance of doubt, in the event of a payment resumption pursuant to Section 4.1(b)(i) or Section 4.1(b)(iv), the first payment made shall be trued up to include withheld payment amounts that would have occurred if payments to Seller were not suspended.

Initial Delivery Obligations. ‌ (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered from such Designated System is less than the Designated System Paid REC Quantity, then with respect to each such Designated System, Seller shall return a portion of the amount of payment equal to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to such uploads. (iii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), Seller fails to Deliver at least one (1) REC by the immediately upcoming October 13 if the Actual Nameplate Capacity of such Designated System is greater than 5kW or by the immediately upcoming January 11 if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW, the Designated System shall be removed from this Agreement. As soon as practicable after the occurrence of such failure by Seller to Deliver at least one (1) REC by the deadline set forth in this Section 4.1(b)(iii), the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, Schedule C and Schedule D to the Product Order for such Designated System indicating the removal of such Designated System from the Agreement. Upon the occurrence of such failure by Seller, Buyer shall be entitled to payment by Seller in the amount of the sum of: (i) the Collateral Requirement for such Designated System and (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System. (iv) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), Seller has Delivered at least one (1) REC from the Designated System by the deadline set forth in Section 4.1(b)(iii), then payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2. (v) For avoidance of doubt, in the event of a payment resumption pursuant to Section 4.1(b)(i) or Section 4.1(b)(iv), the first payment made shall be trued up to include withheld payment amounts that would have occurred if payments to Seller were not suspended.

Initial Delivery Obligations. (a) For each Designated System that has been Energized, the Delivery of at least one (1) 11 Specifically, if payments have been made to Seller with respect to a Designated System, and the number of RECs Delivered from such Designated System is less than the Designated System Paid REC Quantity, then with respect to each such Designated System, Seller shall return a portion of the amount of payment equal to the multiplicative product of (A) the Contract Price and (B) the positive difference between (i) the Designated System Paid REC Quantity and (ii) the number of RECs that has been Delivered from such Designated System (not to exceed the Designated System Contract Maximum REC Quantity). REC from such Designated System to Buyer’s PJM-EIS GATS account or M-RETS account, as applicable, is expected to occur within ninety (90) days of when such Designated System was Energized if the Actual Nameplate Capacity of such Designated System is greater than 5kW or within one hundred eighty (180) days of when the Designated System was Energized if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW. Seller shall upload meter readings to PJM-EIS GATS or M-RETS pursuant to Section 2.3(e) as necessary for the issuance and timely Delivery of at least one (1) REC by the deadline set forth in this Section 4.1(a). (b) With respect to a Designated System, in the event that Seller fails to Deliver at least one (1) REC by the deadline set forth in Section 4.1(a), then the following shall occur: (i) Payments attributable to such Designated System shall be suspended upon the occurrence of such failure by Seller to the extent there are payments that are outstanding for such Designated System. Payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2 upon the Delivery of one (1) REC from such Designated System if such Delivery occurs prior to the upcoming REC Annual Report submission deadline of July 15. (ii) If the Delivery of one (1) REC has not occurred by the upcoming July 15 REC Annual Report submission deadline, Seller shall include in Seller’s REC Annual Report a confirmation that there are no technical issues known to Seller that would impede the generation, issuance and Delivery of RECs from such Designated System and a confirmation that Seller has uploaded meter readings to PJM-EIS GATS or M-RETS, and Seller shall provide information related to such uploads. (iii) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), Seller fails to Deliver at least one (1) REC by the immediately upcoming October 13 if the Actual Nameplate Capacity of such Designated System is greater than 5kW or by the immediately upcoming January 11 if the Actual Nameplate Capacity of such Designated System is equal to or less than 5kW, the Designated System shall be removed from this Agreement. As soon as practicable after the occurrence of such failure by Seller to Deliver at least one (1) REC by the deadline set forth in this Section 4.1(b)(iii), the IPA shall provide to Buyer and Seller a revised Schedule A, Schedule B, Schedule C and Schedule D to the Product Order for such Designated System indicating the removal of such Designated System from the Agreement. Upon the occurrence of such failure by Seller, Buyer shall be entitled to payment by Seller in the amount of the sum of: (i) the Collateral Requirement for such Designated System and (ii) one hundred percent (100%) of the total payments Seller has received from Buyer associated with RECs from such Designated System. (iv) In the event that, subsequent to the submission of such REC Annual Report pursuant to Section 4.1(b)(ii), Seller has Delivered at least one (1) REC from the Designated System by the deadline set forth in Section 4.1(b)(iii), then payments that are attributable to such Designated System, if any are outstanding, shall resume and be made in accordance with Section 5.1 and Section 5.2. (v) For avoidance of doubt, in the event of a payment resumption pursuant to Section 4.1(b)(i) or Section 4.1(b)(iv), the first payment made shall be trued up to include withheld payment amounts that would have occurred if payments to Seller were not suspended.