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 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).

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- 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. By way of example only, the Lost Savings would be as follows with the following assumptions: Lost Savings [Year 5] = (462,879 [MGO*WPR – AE]) x 0.0692 [RV] = $32,031 MGO = 5,982,530 kWh [Year 5 Estimated Production x 95%] WPR = 0.98 [Assumes insolation slightly less than pro-forma] AE = 5,400,000 kWh [Assumes actual delivery of 2,700,000 kWh and no Disruption Period] RV = $0.0692 [Year 5 ATP – Year 5 kWh Rate] ATP = $0.188 [Assumes all-in tariff rate in Year 5] kWh Rate = $0.1188 [Year 5 kWh Rate set forth in Schedule 2] 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 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. If the credit is due in the Term Year of the Term, then Provider shall pay the face value of the credit to Purchaser. 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.