Modification of Special Conditions. (i) If the Contract Capacity set forth in Section 1.01(h) is greater than the Demonstrated Contract Capacity,
(1) The Contract Capacity will be reduced to an amount equal to the Demonstrated Contract Capacity;
(2) The Expected Annual Net Energy Production will be recalculated using the Installed DC Rating pursuant to the procedures in Exhibit K; and
(3) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.02 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller.
(ii) Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity in excess of the Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section 3.06(h).
Modification of Special Conditions. As of the Firm Operation Date:
(i) If the Contract Capacity is greater than the Demonstrated Contract Capacity,
(1) The Contract Capacity will be reduced to an amount equal to the Demonstrated Contract Capacity;
(2) The Expected Annual Net Energy Production will be recalculated using the Installed DC Rating pursuant to the procedures in EXHIBIT K; and
(3) Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.02 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller; and
(ii) Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity at the Site in excess of the Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section 3.06(h). For the avoidance of doubt a separate generating facility utilizing a separate CAISO Approved Meter on a separate site, adjacent to the Site does not count as Unincluded Capacity.
Modification of Special Conditions. (a) If the Contract Capacity or a DER Contract Capacity, each as set forth in Section 1.01(h) is greater than the Demonstrated Contract Capacity or the applicable DER Demonstrated Contract Capacity, respectively, then:
(i) The Contract Capacity or DER Contract Capacity, as applicable, will be reduced to an amount equal to the Demonstrated Contract Capacity or the applicable DER Demonstrated Contract Capacity;
(ii) The Expected Annual Net Energy Production will be recalculated using such adjusted Contract Capacity; and
(iii) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.03 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller.
(b) If the Installed DC Rating or the DER Installed DC Rating, each as set forth in Section 1.01(i) is greater than the Demonstrated Installed DC Rating or the DER Demonstrated Installed DC Rating, respectively,
(i) The Installed DC Rating or the DER Installed DC Rating, as applicable, will be reduced to an amount equal to the Demonstrated Installed DC Rating or the DER Demonstrated Installed DC Rating, as applicable;
(ii) The Expected Annual Net Energy Production will be recalculated using such adjusted Installed DC Rating; and
(iii) The Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section 8.03 will be recalculated using such adjusted Installed DC Rating, and any amount of Performance Assurance in excess of that required for the adjusted Installed DC Rating will be returned to Seller.
(c) Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity in excess of the Demonstrated Installed DC Rating, the DER Demonstrated Installed DC Rating, the Demonstrated Contract Capacity, or the DER Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section 3.06(d).”.
20. Section 3.06(g) is deleted and replaced with the following: “Subject to Section 8.02(c)(i) and the Commercial Operation Date occurring on or before the Commercial Operation Deadline or any extended Commercial Operation Deadline as provided in this Agreement, if Seller demonstrates the full [Installed DC Rating specified in Section 1.01(i) and the full DER Installed DC Rating for each Distributed Energy Resource specified in Section ...
Modification of Special Conditions. As of the Firm Operation Date:
(i) If the Contract Capacity is greater than the Demonstrated Contract Capacity,
(1) The Contract Capacity will be reduced to an amount equal to the Demonstrated Contract Capacity; and
(2) The Expected Annual Net Energy Production will be recalculated using such adjusted Contract Capacity.
(ii) Within thirty (30) days after the Demonstration Hour, SCE shall provide Notice to Seller setting forth the adjusted Contract Capacity and Expected Annual Net Energy Production.
(iii) Neither Party will have any liability for failure to purchase or deliver the Product associated with or attributable to generating capacity in excess of the Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section (e).
Modification of Special Conditions. As of the Firm Operation Date: If the Contract Capacity is greater than the Demonstrated Contract Capacity, The Contract Capacity will be reduced to an amount equal to the Demonstrated Contract Capacity; The Expected Annual Net Energy Production will be recalculated using the Installed DC Rating pursuant to the procedures in EXHIBIT K; and Performance Assurance Amount for the Performance Assurance required to be posted and maintained pursuant to Section Ten.2 will be recalculated using such adjusted Contract Capacity, and any amount of Performance Assurance in excess of that required for the adjusted Contract Capacity will be returned to Seller; and Neither Party will have any liability for failure to purchase or deliver Product associated with or attributable to capacity in excess of the Demonstrated Contract Capacity (“Unincluded Capacity”), subject to Section Five.6(h).
