Common use of Modification of Special Conditions Clause in Contracts

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. (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 Ksuch adjusted Contract Capacity; 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 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 such adjusted Contract Capacity; and (3) The Expected Annual Net Energy Production will be recalculated using the Installed DC Rating pursuant to the procedures in Exhibit KL; and (34) 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.; and (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 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 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.; and (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).3.06(h).‌

Modification of Special Conditions. As of the Firm Operation Date: (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 KL; 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.; and (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 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 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.; and (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).