Common use of Licensee's Right to Purchase Intermediate Capacity Clause in Contracts

Licensee's Right to Purchase Intermediate Capacity. In addition to Licensee's Educational Reservation, Licensee may during the Operational Period purchase additional transmission capacity on the System from Operator in an amount up to double the amount of Licensee's Educational Reservation ("Licensee's Intermediate Capacity"). The terms of the Licensee Service Contract then in effect shall govern the provision and use of Licensee's Intermediate Capacity except that the price paid by Licensee for each activation of Licensee's Intermediate Capacity shall be set at (1)(A) if Operator sells transmission capacity to wholesale customers in the Market Area, eighty-five percent (85%) of the "Wholesale Price" which shall be the lowest wholesale price generally made available by Operator to its wholesale customers (who are not Affiliates of Operator) for the Market Area, or (B) if Operator does not sell transmission capacity on a wholesale basis in the Market Area, seventy percent (70%) of the "Retail Price" which shall be the lowest retail price generally made available by Operator to its retail customers in the Market Area, excluding promotional pricing that is offered for a period of less than four (4) months, plus (2) only those taxes Operator is required by law to collect from Licensee, such as sales taxes. The Wholesale Price shall include the value of all cash and non-cash consideration received by Operator and its Affiliates, including all tangible and intangible benefits accruing to Operator and its Affiliates as a result of the business relationship between Operator and the wholesale customer, as reasonably determined by Operator in good faith. For example, non-cash consideration that would be considered in determining the Wholesale Price would include, but not be limited to, the value of equity issued to or received from the wholesale customer, the value of a customer base made available to Operator and the value of spectrum made available to Operator.

Licensee's Right to Purchase Intermediate Capacity. In addition to Licensee's Educational Reservation, Licensee may during the Operational Period purchase additional transmission capacity on the System from Operator in an amount up to double the amount of Licensee's Educational Reservation ("Licensee's Intermediate Capacity"). The terms of the Licensee Service Contract then in effect shall govern the provision and use of Licensee's Intermediate Capacity except that the price paid by Licensee for each activation of Licensee's Intermediate Capacity shall be set at (1)(A) if Operator sells transmission capacity to wholesale customers in the Market Area, eighty-five percent (85%) *** of the "Wholesale Price" which shall be the lowest wholesale price generally made available by Operator to its wholesale customers (who are not Affiliates of Operator) for the Market Area, or (B) if Operator does not sell transmission capacity on a wholesale basis in the Market Area, seventy percent (70%) *** of the "Retail Price" which shall be the lowest retail price generally made available by Operator to its retail customers in the Market Area, excluding promotional pricing that is offered for a period of less than four (4) months, plus (2) only those taxes Operator is required by law to collect from Licensee, such as sales taxes. The Wholesale Price shall include the value of all cash and non-cash consideration received by Operator and its Affiliates, including all tangible and intangible benefits accruing to Operator and its Affiliates as a result of the business relationship between Operator and the wholesale customer, as reasonably determined by Operator in good faith. For example, non-cash consideration that would be considered in determining the Wholesale Price would include, but not be limited to, the value of equity issued to or received from the wholesale customer, the value of a customer base made available to Operator and the value of spectrum made available to Operator.