Common use of Minimum Guaranteed Output Clause in Contracts

Minimum Guaranteed Output. If the System fails to generate at least ninety-five percent (95%) of the Estimated Annual Production for a full Term Year (such amount, the “Minimum Guaranteed Output”), other than as a result of the acts or omissions of Purchaser or the Local Electric Utility (including a Disruption Period), or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser’s Lost Savings on the next invoice or invoices during the following Term Year. The formula for calculating Lost Savings for the applicable Term Year is as follows: Lost Savings = (MGO*WPR - AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for the System for the applicable Term Year. WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro- forma) insolation. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00. AE = Actual Electricity, as measured in total kWh, delivered by the System for the Term Year plus the estimated lost energy production during a Disruption Period. RV = (ATP - kWh Rate) ATP = Average tariff price, measured in $/kWh, for the Term Year paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable Term Year by the total amount of delivered electricity by the electric utility during such Term Year. kWh Rate = the kWh Rate in effect for the applicable Term Year(s), measured in $/kWh. If the RV is zero or less, then no Lost Savings payment is due to Purchaser. Any Lost Savings payment shall occur no later than sixty (60) days after the end of the Term Year during which such Lost Savings occurred.

Minimum Guaranteed Output. If the System fails to generate at least ninety-five ninety percent (9590%) of the Estimated Annual Production set forth in Schedule 4 of the Special Conditions with respect to the System for a full Term Contract Year (such amount, the “Minimum Guaranteed Output”), other than as a result of the acts or omissions of Purchaser (including, without limitation, pursuant to Section 4.3) or the Local Electric Utility (including a Disruption Period)Utility, or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser’s “Lost Savings Savings” on the next invoice or invoices invoices, (as defined herein) during the following Term Contract Year. The formula for calculating Lost Savings for the applicable Term Contract Year is as follows: Lost Savings = (MGO*WPR - – AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for the System for the applicable Term Contract Year. WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro- pro-forma) insolation. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00. AE = Actual Electricity, as measured in total kWh, delivered by the System for the Term Year plus the estimated lost energy production during a Disruption PeriodContract Year. RV = (ATP - – kWh Rate) ATP = Average tariff price, measured in $/kWh, for the Term Contract Year paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable Term Contract Year by the total amount of delivered electricity by the electric utility during such Term Contract Year. kWh Rate = the kWh Rate in effect for the applicable Term Contract Year(s), measured in $/kWh. If the RV rate variance (“RV”) is zero or less, then no Lost Savings payment is due to Purchaser. Any Lost Savings Such payment shall occur no later than sixty (60) days after the end of the Term Contract Year during which such Lost Savings occurred.

Minimum Guaranteed Output. If the System fails to generate at least ninety-five ninety percent (9590%) of the Estimated Annual Production for a full Term Year 12-month period commencing on the Commercial Operation Date (and each anniversary thereof) (such amount, the “Minimum Guaranteed Output”), other than as a result of the acts or omissions of Purchaser or the Local Electric Utility (including a Disruption Period), or an Event of Force Majeure, Provider shall credit Purchaser an amount equal to Purchaser’s Lost Savings on the next invoice or invoices during the following Term Year. The formula for calculating Lost Savings for the applicable Term Year is as follows: Lost Savings = (MGO*WPR - MGO *WPR – AE) x RV MGO = Minimum Guaranteed Output, as measured in total kWh, for the System for the applicable Term Year. WPR = Weather Performance Ratio, measured as the ratio of the actual insolation over typical (pro- pro-forma) insolationinsolation as indicated in Schedule 10. Such Weather Performance Ratio shall only apply if the ratio is less than 1.00. AE = Actual Electricity, as measured in total kWh, delivered by the System for the Term Year plus the estimated lost energy production during a Disruption PeriodYear. RV = (ATP - – kWh Rate) Rate)‌ ATP = Average tariff price, measured in $/kWh, for the applicable Term Year paid by Purchaser with respect to the Premises. This price is determined by dividing the total cost for delivered electricity, including all charges associated with such electricity howsoever named, including, without limitation, charges for distribution, transmission, demand, and systems benefits, paid to the Local Electric Utility during the applicable Term Year by the total amount of delivered electricity by the electric utility Local Electric Utility during such Term Year. kWh Rate = the kWh Rate in effect for the applicable Term Year(s)year, measured in $/kWh. Lost Savings Cap = System size (DC) as installed in megawatts, multiplied by $20,000. For the avoidance of doubt, the Lost Savings Cap is applicable to each Term Year. If the RV is zero or less, then no Lost Savings payment is shall be due to Purchaser. Any Such payment for any Lost Savings payment shall occur be made by Provider no later than sixty (60) days after the end of the Term Year during which such Lost Savings occurredoccurred (or following the date of termination, in the event of an early termination of this Agreement).