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.
Appears in 2 contracts
Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement
Modification of Special Conditions. As of the Firm Operation Date:
(i) If the Contract Capacity is greater than the Demonstrated Contract Capacity,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 a separate CAISO Approved Meter on a separate site, adjacent to the Site does not count as Unincluded Capacity.Capacity.
Appears in 1 contract
