Monthly Fixed Payment. During each month of the Delivery Term, Buyer shall pay Seller, in arrears, a monthly fixed payment (“Monthly Fixed Payment” or “MFP”) for the Units, as full payment for the right to receive the Products and the delivery of the Products associated with the Units, determined as follows. MFPm = [[(CPR + FOMR) x MAFm x MCCm] x AAm] where, MFPm is the Monthly Fixed Payment for the subject month; CPR is the Capacity Payment Rate; FOMR is the Fixed O&M Rate; MAFm is the monthly allocation factor set forth in Appendix XVI for such month; provided that ninety (90) days prior to a start of a full calendar year, Buyer may Notify Seller of modifications to Appendix XVI. Buyer may not modify Appendix XVI such that any individual month has a percentage allocation of less than four percent (4%) or greater than fifteen percent (15%); or such that the sum of the twelve products of the MFP for each month multiplied by the applicable MCC for that month is less than it would have been prior to the modification. The sum of the twelve (12) monthly allocation factors in any calendar year must equal one hundred percent (100%). MCCm is the Monthly Contract Capacity for such month; and AAm is the Availability Adjustment for such month, determined pursuant to Section 4.1(c). Examples of the calculation of the Monthly Fixed Payment are provided in Appendices XIV and XVII.
Appears in 3 contracts
Samples: Tolling Power Purchase Agreement, Tolling Power Purchase Agreement, Tolling Power Purchase Agreement
Monthly Fixed Payment. During each month of the Delivery Term, Buyer shall pay Seller, in arrears, a The monthly fixed payment for the subject month (“Monthly Fixed Payment” or “MFPMFPm”) for the Units, as full payment for the right to receive the Products and the delivery of the Products associated with the Units, determined will be calculated as follows. : MFPm = [CPP × MAFm × MCCm × max [(CPR + FOMR) x MAFm x MCCm] x AAmAAm - GEAm), 0] where, MFPm CPP is the Monthly Fixed Capability Payment for the subject month; CPR is the Capacity Payment Rate; FOMR is the Fixed O&M Rate; Price, which in each Contract Year will be: MAFm is the monthly allocation factor set forth in Appendix XVI VIII for such month; provided that at least ninety (90) days prior to a the start of a full any calendar yearyear during the Delivery Term, Buyer may Notify Seller of modifications to Appendix XVIVIII. Buyer may not modify Appendix XVI VIII such that (1) any individual month has a percentage allocation of less than four percent (4%) or greater than fifteen percent (15%); or such that the sum of the twelve products of the MFP for each month multiplied by the applicable MCC for that month is ) and (2) Seller would receive less than it would have been prior the full Capability Payment Price in any Contract Year due solely to the modification. The sum of the twelve (12) monthly allocation factors in any calendar year must shall equal one hundred percent (100%). MCCm is the Monthly Contract Capacity Capability for such monthmonth as adjusted in accordance with Section 3.2; and max [(AAm - GEAm), 0] is the greater of (AAm - GEAm) or zero; where, AAm is the Availability Adjustment for such month, determined pursuant to Section 4.1(c)3.3; and GEAm is the Guaranteed Efficiency Adjustment for such month, determined pursuant to Section 3.4. Examples of the calculation of the Monthly Fixed Payment are provided in Appendices XIV and XVIIAppendix XV.
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Samples: Energy Storage Agreement