Common use of Limited Payments for Control Instruction Dispatch Down Clause in Contracts

Limited Payments for Control Instruction Dispatch Down. During any calendar year during the Term hereof, Seller shall not receive any compensation from Buyer for any Dispatch Down until the Dispatch Down of Energy exceeds [ten (10)% for DEP] [(5)% for DEC] of annual expected output for year one stated in whole MWhs] of Energy that the Facility would have generated but did not generate due to compliance with and implementation of Control Instructions (such quantity, the “Annual Payment Threshold”). For any partial calendar year during the Term hereof, the Annual Payment Threshold shall be ratably prorated for the number of days in such partial calendar year.

Limited Payments for Control Instruction Dispatch Down. During any calendar year during the Term hereof, Seller shall not receive any compensation from Buyer for any Dispatch Down until the Dispatch Down of Energy exceeds [first tranche ten (10)% for DEP] [first tranche five (5)% for DEC] of annual expected output for year one stated in whole MWhs] of Energy that the Facility would have generated but did not generate due to compliance with and implementation of Control Instructions (such quantity, the “Annual Payment Threshold”). For any partial calendar year during the Term hereof, the Annual Payment Threshold shall be ratably prorated for the number of days in such partial calendar year.

Limited Payments for Control Instruction Dispatch Down. During any calendar year during the Term hereof, Seller shall not receive any compensation from Buyer for any Dispatch Down until the Dispatch Down of Energy exceeds [ten (10)% for DEP] [five (5)% for DEC] of annual expected output for year one stated in whole MWhs] of Energy that the Facility would have generated but did not generate due to compliance with and implementation of Control Instructions (such quantity, the “Annual Payment Threshold”). For any partial calendar year during the Term hereof, the Annual Payment Threshold shall be ratably prorated for the number of days in such partial calendar year.