Common use of NEW FIXED RATES Clause in Contracts

NEW FIXED RATES. Subject to Commission Approval (as defined below), notwithstanding any provision of the Contract to the contrary, commencing on May 1, 2007, and for a five (5) year period thereafter ("New Fixed Rate Period"), SELLER hereby elects, and EDISON agrees, that the price for energy delivered to EDISON by SELLER during the New Fixed Rate Period, shall be the prices ("New Fixed Rates") set forth in the table below, in lieu of the prices resulting from application of the Commission-approved SRAC methodology; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason, prior to the end of the New Fixed Rate Period, then the New Fixed Rate Period shall likewise terminate; and provided further, however, that to the extent SELLER's solar thermal facility augments its energy input with natural gas or other clean burning alternative fuel, and with respect only to the deliveries from such facility that would, in the absence of this Agreement, be paid pursuant to the Commission-approved SRAC methodology, 75% of the energy price shall be set during the New Fixed Rate Period at the applicable New Fixed Rate and 25% of the energy price shall be calculated according to the Commission-approved SRAC methodology applicable at the time (the "Blended Solar Rates"). During the New Fixed Rate Period, the New Fixed Rates, or, in the case of solar thermal projects as provided above, the Blended Solar Rates, shall be adjusted by Time-of-Delivery ("XXX") factors set forth in EDISON's Time-of-Use rate schedule "TOU-8." The New Fixed Rates payable during the New Fixed Rate Period are as follows: NEW FIXED RATE (CENTS/KWH) PAYABLE FOR ENERGY DELIVERIES DURING APPLICABLE ENERGY DELIVERY PERIOD ENERGY DELIVERY PERIOD ---------------------------- ---------------------------- May 1, 2007 - April 30, 2008 6.1500 May 1, 2008 - April 30, 2009 6.2115 May 1, 2009 - April 30, 2010 6.2736 May 1, 2010 - April 30, 2011 6.3364 May 1, 2011 - April 30, 2012 6.3997 Commencing on May 1, 2012, the SRAC price payable to SELLER shall, for any remaining term of the Contract, be established in accordance with the Commission-approved SRAC methodology, XXX factors and any energy loss adjustment factor then in effect.

NEW FIXED RATES. Subject to Commission Approval (as defined below), notwithstanding any provision of the Contract to the contrary, commencing on May 1, 2007, and for a five (5) year period thereafter ("“New Fixed Rate Period"”), SELLER hereby elects, and EDISON agrees, that the price for energy delivered to EDISON by SELLER during the New Fixed Rate Period, shall be the prices ("“New Fixed Rates"”) set forth in the table below, in lieu of the prices resulting from application of the Commission-approved SRAC methodology; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason, prior to the end of the New Fixed Rate Period, then the New Fixed Rate Period shall likewise terminate; and provided further, however, that to the extent SELLER's ’s solar thermal facility augments its energy input with natural gas or other clean burning alternative fuel, and with respect only to the deliveries from such facility that would, in the absence of this Agreement, be paid pursuant to the Commission-approved SRAC methodology, 75% of the energy price shall be set during the New Fixed Rate Period at the applicable New Fixed Rate and 25% of the energy price shall be calculated according to the Commission-approved SRAC methodology applicable at the time (the "“Blended Solar Rates"”). During the New Fixed Rate Period, the New Fixed Rates, or, in the case of solar thermal projects as provided above, the Blended Solar Rates, shall be adjusted by Time-of-Delivery ("“XXX"”) factors set forth in EDISON's ’s Time-of-Use rate schedule "“TOU-8." ” The New Fixed Rates payable during the New Fixed Rate Period are as follows: ENERGY DELIVERY PERIOD NEW FIXED RATE (CENTScents/KWHkWh) PAYABLE FOR ENERGY DELIVERIES DURING APPLICABLE ENERGY DELIVERY PERIOD ENERGY DELIVERY PERIOD ---------------------------- ---------------------------- May 1, 2007 - – April 30, 2008 6.1500 May 1, 2008 - – April 30, 2009 6.2115 May 1, 2009 - – April 30, 2010 6.2736 May 1, 2010 - – April 30, 2011 6.3364 May 1, 2011 - – April 30, 2012 6.3997 Commencing on May 1, 2012, the SRAC price payable to SELLER shall, for any remaining term of the Contract, be established in accordance with the Commission-Commission- approved SRAC methodology, XXX factors and any energy loss adjustment factor then in effect.

NEW FIXED RATES. Subject to Commission Approval (as defined below), notwithstanding any provision of the Contract to the contrary, commencing on May 1, 2007, and for a five (5) year period thereafter ("New Fixed Rate Period"), SELLER hereby elects, and EDISON agrees, that the price for energy delivered to EDISON by SELLER during the New Fixed Rate Period, shall be the prices ("New Fixed Rates") set forth in the table below, in lieu of the prices resulting from application of the Commission-approved SRAC methodology; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason, prior to the end of the New Fixed Rate Period, then the New Fixed Rate Period shall likewise terminate; and provided further, however, that to the extent SELLER's solar thermal facility augments its energy input with natural gas or other clean burning alternative fuel, and with respect only to the deliveries from such facility that would, in the absence of this Agreement, be paid pursuant to the Commission-approved SRAC methodology, 75% of the energy price shall be set during the New Fixed Rate Period at the applicable New Fixed Rate and 25% of the energy price shall be calculated according to the Commission-approved SRAC methodology applicable at the time (the "Blended Solar Rates"). During the New Fixed Rate Period, the New Fixed Rates, or, in the case of solar thermal projects as provided above, the Blended Solar Rates, shall be adjusted by Time-of-Delivery ("XXX") factors set forth in EDISON's Time-of-Use rate schedule "TOU-8." The New Fixed Rates payable during the New Fixed Rate Period are as follows: NEW FIXED RATE (CENTS/KWH) PAYABLE FOR ENERGY DELIVERIES DURING APPLICABLE ENERGY DELIVERY PERIOD ENERGY DELIVERY PERIOD ---------------------------- ---------------------- ---------------------------- May 1, 2007 - April 30, 2008 6.1500 May 1, 2008 - April 30, 2009 6.2115 May 1, 2009 - April 30, 2010 6.2736 May 1, 2010 - April 30, 2011 6.3364 May 1, 2011 - April 30, 2012 6.3997 Commencing on May 1, 2012, the SRAC SARC price payable to SELLER shall, for any remaining term of the Contract, be established in accordance with the Commission-approved SRAC methodology, XXX factors and any energy loss adjustment factor then in effect.

NEW FIXED RATES. Subject to Commission Approval (as defined below), notwithstanding any provision of the Contract to the contrary, commencing on May 1, 2007, and for a five (5) year period thereafter ("“New Fixed Rate Period"”), SELLER hereby elects, and EDISON XXXXXX agrees, that the price for energy delivered to EDISON by SELLER during the New Fixed Rate Period, shall be the prices ("“New Fixed Rates"”) set forth in the table below, in lieu of the prices resulting from application of the Commission-approved SRAC methodology; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason, prior to the end of the New Fixed Rate Period, then the New Fixed Rate Period shall likewise terminate; and provided further, however, that to the extent SELLER's ’s solar thermal facility augments its energy input with natural gas or other clean burning alternative fuel, and with respect only to the deliveries from such facility that would, in the absence of this Agreement, be paid pursuant to the Commission-approved SRAC methodology, 75% of the energy price shall be set during the New Fixed Rate Period at the applicable New Fixed Rate and 25% of the energy price shall be calculated according to the Commission-approved SRAC methodology applicable at the time (the "“Blended Solar Rates"”). During the New Fixed Rate Period, the New Fixed Rates, or, in the case of solar thermal projects as provided above, the Blended Solar Rates, shall be adjusted by Time-of-Delivery ("“XXX"”) factors set forth in EDISON's ’s Time-of-Use rate schedule "“TOU-8." ” The New Fixed Rates payable during the New Fixed Rate Period are as follows: ENERGY DELIVERY PERIOD NEW FIXED RATE (CENTScents/KWHkWh) PAYABLE FOR ENERGY DELIVERIES DURING APPLICABLE ENERGY DELIVERY PERIOD ENERGY DELIVERY PERIOD ---------------------------- ---------------------------- May 1, 2007 - – April 30, 2008 6.1500 May 1, 2008 - – April 30, 2009 6.2115 May 1, 2009 - – April 30, 2010 6.2736 May 1, 2010 - – April 30, 2011 6.3364 May 1, 2011 - – April 30, 2012 6.3997 Commencing on May 1, 2012, the SRAC price payable to SELLER shall, for any remaining term of the Contract, be established in accordance with the Commission-Commission- approved SRAC methodology, XXX factors and any energy loss adjustment factor then in effect.

NEW FIXED RATES. Subject to Commission Approval (as defined below), notwithstanding any provision of the Contract to the contrary, commencing on May 1, 2007, and for a five (5) year period thereafter ("New Fixed Rate Period"), SELLER hereby elects, and EDISON agrees, that the price for energy delivered to EDISON by SELLER during the New Fixed Rate Period, shall be the prices ("New Fixed Rates") set forth in the table below, in lieu of the prices resulting from application of the Commission-approved SRAC methodology; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason, prior to the end of the New Fixed Rate Period, then the New Fixed Rate Period shall likewise terminate; and provided further, however, that to the extent SELLER's solar thermal facility augments its energy input with natural gas or other clean burning alternative fuel, and with respect only to the deliveries from such facility that would, in the absence of this Agreement, be paid pursuant to the Commission-approved SRAC methodology, 75% of the energy price shall be set during the New Fixed Rate Period at the applicable New Fixed Rate and 25% of the energy price shall be calculated according to the Commission-approved SRAC methodology applicable at the time (the "Blended Solar Rates"). During the New Fixed Rate Period, the New Fixed Rates, or, in the case of solar thermal projects as provided above, the Blended Solar Rates, shall be adjusted by Time-of-Delivery ("XXX") factors set forth in EDISON's Time-of-Use rate schedule "TOU-8." The New Fixed Rates payable during the New Fixed Rate Period are as follows: NEW FIXED RATE (CENTS/KWH) PAYABLE FOR ENERGY DELIVERIES DURING APPLICABLE ENERGY DELIVERY PERIOD ENERGY DELIVERY PERIOD ---------------------------- ---------------------------- May 1, 2007 - April 30, 2008 6.1500 May 1, 2008 - April 30, 2009 6.2115 May 1, 2009 - April 30, 2010 6.2736 May 1l, 2010 - April 30, 2011 6.3364 May 1, 2011 - April 30, 2012 6.3997 Commencing on May 1, 2012, the SRAC price payable to SELLER shall, for any remaining term of the Contract, be established in accordance with the Commission-approved SRAC methodology, XXX factors and any energy loss adjustment factor then in effect.