Common use of Obligation to Pay Clause in Contracts

Obligation to Pay. For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment Adjustments. Buyer shall adjust each Monthly Contract Payment to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit G; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.02; The agreement of the Parties that Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After the Term End Date, Buyer shall invoice Seller for all payment adjustments within 60 days of Buyer’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement).

Obligation to Pay. (a) For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment AdjustmentsB; provided, however, Buyer is not obligated to issue a payment to Seller until the amount due to Seller pursuant to this Agreement exceeds $5,000.00 after set-offs and adjustments in accordance with this Agreement. Buyer shall adjust each Monthly Contract Payment in accordance with the terms of this Agreement, including making adjustment for Scheduling Fees and any CAISO Charges. (b) Subject to Section 4.01(a), Buyer shall provide a payment statement within 30 days after the last Business Day of each calendar month, which statement shall include Buyer’s payment to Seller and a calculation thereof. (c) If Buyer determines that a calculation of Metered Energy is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO, Buyer shall recompute the Metered Energy quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading. Buyer shall then recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to account for: Scheduling Fees Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to a subsequent monthly statement that is calculated after Xxxxx’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on a subsequent monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s statement until such amount is fully collected by Buyer. (d) Buyer may deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. (e) Except as otherwise provided for in this Agreement, if, within 90 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete. If Seller timely identifies an error in Seller’s favor and Xxxxx agrees that the identified error occurred, Xxxxx shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to a subsequent monthly statement that is calculated. If Xxxxxx identifies an error in Xxxxx’s favor and Xxxxx agrees that the identified error occurred, Xxxxxx shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to a subsequent statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, a subsequent statement shall show a net amount owing to Buyer. (f) Notwithstanding anything to the contrary in this Agreement, if any payment statement shows amounts owed by Seller to Buyer, as Buyer may, at its option, apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. (g) Notwithstanding anything to the contrary in this Agreement, for the entire period during which Seller fails to materially comply with any provision set forth in Exhibit G; Any SDD AdjustmentC, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to shall be responsible for all CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Partyprovided, as set forth in Section 8.02; The agreement of the Parties however, that Buyer shall have no liability to make any energy payments to if Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under complies fully with Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After the Term End DateC, Buyer shall invoice pay all CAISO Charges (except those CAISO Charges for which Seller is responsible under Exhibit E) for all payment adjustments within 60 days up to 1 MW of Buyerdeviation of Seller’s receipt forecast of all electric energy from the Metered Energy, and Seller shall be responsible only for CAISO Charges attributable to such deviations in excess of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)1 MW.

Obligation to Pay. For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. C. Payment Adjustments. Buyer shall adjust each Monthly Contract Payment to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit GE; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast penalties owed by Seller to BuyerAdjustment or SDD Administrative Charge, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit MH; Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.02; and The agreement of the Parties that Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed one hundred and twenty percent (120% %) of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. . During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment. After the Term End Date, Buyer shall invoice Seller for all any payment adjustments within 60 sixty (60) days of Buyer’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment.

Obligation to Pay. For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment Adjustments. Buyer shall adjust each Monthly Contract Payment to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit G; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.02; The agreement of the Parties that Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any and Any payment adjustments provided for to determine Buyer’s payment to Seller for GHG Compliance Costs and GHG Charges under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailmentsSRAC. Unless otherwise required in SRAC, as set forth in Exhibit U. During during the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless adjustments. Unless otherwise provided for required in Exhibit SSRAC, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After after the Term End Date, Buyer shall invoice Seller for all payment adjustments within 60 days of Buyer’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustments.

Obligation to Pay. (a) For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment AdjustmentsB or Exhibit B (1), as determined pursuant to Section 1.07 provided, however, Buyer is not obligated to issue a payment to Seller until the amount due to Seller pursuant to this Agreement exceeds fifty dollars ($50.00) after set-offs and adjustments in accordance with this Agreement. Buyer shall adjust each Monthly Contract Payment in accordance with the terms of this Agreement, including making adjustment for the fees set forth in Section 1.08 and any CAISO Charges. (b) Subject to Section 4.01(a), Buyer shall provide a payment statement within 30 days after the last Business Day of each calendar month, which statement shall include Buyer’s payment to Seller and a calculation thereof. (c) If Buyer determines that a calculation of Metered Energy is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO, Buyer shall recompute the Metered Energy quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading. Buyer shall then recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to account for: Scheduling Fees Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to a subsequent monthly statement that is calculated after Xxxxx’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on a subsequent monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s statement until such amount is fully collected by Buyer. (d) Buyer may deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. (e) Except as otherwise provided for in this Agreement, if, within 90 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete. If Seller timely identifies an error in Seller’s favor and Xxxxx agrees that the identified error occurred, Xxxxx shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to a subsequent monthly statement that is calculated. If Xxxxxx identifies an error in Xxxxx’s favor and Xxxxx agrees that the identified error occurred, Xxxxxx shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to a subsequent statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, a subsequent statement shall show a net amount owing to Buyer. (f) Notwithstanding anything to the contrary in this Agreement, if any payment statement shows amounts owed by Seller to Buyer, as Buyer may, at its option, apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. (g) Notwithstanding anything to the contrary in this Agreement, for the entire period during which Seller fails to materially comply with any provision set forth in Exhibit G; Any SDD AdjustmentC, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to shall be responsible for all applicable CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Partyprovided, as set forth in Section 8.02; The agreement of the Parties however, that Buyer shall have no liability to make any energy payments to if Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under complies fully with Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After the Term End DateC, Buyer shall invoice pay all CAISO Charges (except those CAISO Charges for which Seller is responsible under Exhibit E) for all payment adjustments within 60 days up to, but not including, 500 kW of Buyerdeviation of Seller’s receipt Forecast from the Metered Energy, and Seller shall be responsible only for applicable CAISO Charges attributable to such deviations of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some 500 kW or all of the GHG Compliance Costs under this Agreement)more.

Obligation to Pay. (a) For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment AdjustmentsB or Exhibit B (1), as determined pursuant to Section 1.07 provided, however, Buyer is not obligated to issue a payment to Seller until the amount due to Seller pursuant to this Agreement exceeds $5,000.00 after set-offs and adjustments in accordance with this Agreement. Buyer shall adjust each Monthly Contract Payment in accordance with the terms of this Agreement, including making adjustment for the fees set forth in Section 1.08 and any CAISO Charges. (b) Subject to Section 4.01(a), Buyer shall provide a payment statement within 30 days after the last Business Day of each calendar month, which statement shall include Buyer’s payment to Seller and a calculation thereof. (c) If Buyer determines that a calculation of Metered Energy is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO, Buyer shall recompute the Metered Energy quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading. Buyer shall then recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to account for: Scheduling Fees Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to a subsequent monthly statement that is calculated after Buyer’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on a subsequent monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s statement until such amount is fully collected by Buyer. (d) Buyer may deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. (e) Except as otherwise provided for in this Agreement, if, within 90 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete. If Seller timely identifies an error in Seller’s favor and Buyer agrees that the identified error occurred, Buyer shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to a subsequent monthly statement that is calculated. If Seller identifies an error in Buyer’s favor and Buyer agrees that the identified error occurred, Seller shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to a subsequent statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, a subsequent statement shall show a net amount owing to Buyer. (f) Notwithstanding anything to the contrary in this Agreement, if any payment statement shows amounts owed by Seller to Buyer, as Buyer may, at its option, apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. (g) Notwithstanding anything to the contrary in this Agreement, for the entire period during which Seller fails to materially comply with any provision set forth in Exhibit G; Any SDD AdjustmentC, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to shall be responsible for all CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Partyprovided, as set forth in Section 8.02; The agreement of the Parties however, that Buyer shall have no liability to make any energy payments to if Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under complies fully with Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After the Term End DateC, Buyer shall invoice pay all CAISO Charges (except those CAISO Charges for which Seller is responsible under Exhibit E) for all payment adjustments within 60 days up to 1 MW of Buyerdeviation of Seller’s receipt Forecast from the Metered Energy, and Seller shall be responsible only for CAISO Charges attributable to such deviations in excess of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)1 MW.

Obligation to Pay. (a) For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment AdjustmentsB or Exhibit B (1), as determined pursuant to Section 1.07 provided, however, Buyer is not obligated to issue a payment to Seller until the amount due to Seller pursuant to this Agreement exceeds $5,000.00 after set-offs and adjustments in accordance with this Agreement. Buyer shall adjust each Monthly Contract Payment in accordance with the terms of this Agreement, including making adjustment for the fees set forth in Section 1.08 and any CAISO Charges. (b) Subject to Section 4.01(a), Buyer shall provide a payment statement within 30 days after the last Business Day of each calendar month, which statement shall include Buyer’s payment to Seller and a calculation thereof. (c) If Buyer determines that a calculation of Metered Energy is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO, Buyer shall recompute the Metered Energy quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading. Buyer shall then recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to account for: Scheduling Fees Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to a subsequent monthly statement that is calculated after Xxxxx’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on a subsequent monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s statement until such amount is fully collected by Buyer. (d) Buyer may deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. (e) Except as otherwise provided for in this Agreement, if, within 90 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete. If Seller timely identifies an error in Seller’s favor and Xxxxx agrees that the identified error occurred, Xxxxx shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to a subsequent monthly statement that is calculated. If Xxxxxx identifies an error in Xxxxx’s favor and Xxxxx agrees that the identified error occurred, Xxxxxx shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to a subsequent statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, a subsequent statement shall show a net amount owing to Buyer. (f) Notwithstanding anything to the contrary in this Agreement, if any payment statement shows amounts owed by Seller to Buyer, as Buyer may, at its option, apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. (g) Notwithstanding anything to the contrary in this Agreement, for the entire period during which Seller fails to materially comply with any provision set forth in Exhibit G; Any SDD AdjustmentC, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to shall be responsible for all CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Partyprovided, as set forth in Section 8.02; The agreement of the Parties however, that Buyer shall have no liability to make any energy payments to if Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under complies fully with Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After the Term End DateC, Buyer shall invoice pay all CAISO Charges (except those CAISO Charges for which Seller is responsible under Exhibit E) for all payment adjustments within 60 days up to 1 MW of Buyerdeviation of Seller’s receipt Forecast from the Metered Energy, and Seller shall be responsible only for CAISO Charges attributable to such deviations in excess of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)1 MW.

Obligation to Pay. For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment Adjustments. Buyer shall adjust each Monthly Contract Payment to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit G; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast payment reductions or penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges or other charges owed by Seller to Buyer, in each case, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L[Intentionally Omitted]; Any SC Trade Settlement Amount owed by either Party RA Deficit Payments pursuant to the other Party, as set forth in Exhibit MSection 3.02(d); Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.028.2; The agreement of the Parties that Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. . During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a thirty (30-) day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment. After the Term End DateDate and, if applicable, after the end of the Curtailed Return Term, Buyer shall invoice Seller for all any payment adjustments within 60 sixty (60) days of Buyer’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment. Payment Statement and Payment.

Obligation to Pay. (a) For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment AdjustmentsB; provided, however, Buyer is not obligated to issue a payment to Seller until the amount due to Seller pursuant to this Agreement exceeds $50.00, making adjustment for the fees set forth in this Agreement and any applicable tariff charges. (b) Subject to Section 4.01(a), Buyer shall provide a payment statement within 30 days after the last Business Day of each calendar month, which statement shall include Buyer’s payment to Seller and a calculation thereof. (c) If Buyer determines that a calculation of Metered Energy is incorrect as a result of an inaccurate meter reading or the correction of data. Buyer shall adjust each Monthly Contract Payment recompute the Metered Energy quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading. Buyer shall then recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to Seller or Seller to account for: Scheduling Fees Buyer, as the case may be, shall be made as an adjustment to a subsequent monthly statement that is calculated after Buyer’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on a subsequent monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s statement until such amount is fully collected by Buyer. (d) Buyer may deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. (e) Except as otherwise provided for in this Agreement, if, within 90 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete. If Seller timely identifies an error in Seller’s favor and Buyer agrees that the identified error occurred, Buyer shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to a subsequent monthly statement that is calculated. If Seller identifies an error in Buyer’s favor and Buyer agrees that the identified error occurred, Seller shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to a subsequent statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, a subsequent statement shall show a net amount owing to Buyer. (f) Notwithstanding anything to the contrary in this Agreement, if any payment statement shows amounts owed by Seller to Buyer, as set forth Buyer may, at its option, apply this net amount owing to Buyer in Exhibit G; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.02; The agreement of the Parties that Buyer shall have no liability to make any energy payments subsequent monthly statements to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After the Term End Date, Buyer shall invoice Seller for all payment adjustments such amount, in which case Seller must pay the amount owing to Buyer within 60 20 days of Buyer’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)such invoice.

Obligation to Pay. (a) For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment AdjustmentsB; provided, however, Buyer is not obligated to issue a payment to Seller until the amount due to Seller pursuant to this Agreement exceeds $5,000.00 after set-offs and adjustments in accordance with this Agreement. Buyer shall adjust each Monthly Contract Payment in accordance with the terms of this Agreement, including making adjustment for Scheduling Fees and any CAISO Charges. (b) Subject to Section 4.01(a), Buyer shall provide a payment statement within 30 days after the last Business Day of each calendar month, which statement shall include Buyer’s payment to Seller and a calculation thereof. (c) If Buyer determines that a calculation of Metered Energy is incorrect as a result of an inaccurate meter reading or the correction of data by the CAISO, Buyer shall recompute the Metered Energy quantity for the period of the inaccuracy based on an adjustment of such inaccurate meter reading. Buyer shall then recompute any payment or payment adjustment affected by such inaccuracy. Any amount due from Buyer to account for: Scheduling Fees Seller or Seller to Buyer, as the case may be, shall be made as an adjustment to a subsequent monthly statement that is calculated after Buyer’s recomputation using corrected measurements. If the recomputation results in a net amount owed to Buyer after offsetting any amounts owing to Seller as shown on a subsequent monthly statement, any such additional amount still owing to Buyer shall be shown as an adjustment on Seller’s statement until such amount is fully collected by Buyer. (d) Buyer may deduct amounts that would otherwise be due to Seller under this Agreement from any amounts owing and unpaid by Seller to Buyer arising out of or related to any other agreement, tariff, obligation or liability pertaining to the Generating Facility. (e) Except as otherwise provided for in this Agreement, if, within 90 days of receipt of Buyer’s payment statement, Seller does not give Notice to Buyer of an error, then Seller shall be deemed to have waived any error in Buyer’s statement, computation and payment and the statement shall be conclusively deemed correct and complete. If Seller timely identifies an error in Seller’s favor and Buyer agrees that the identified error occurred, Buyer shall reimburse Seller for the amount of the underpayment caused by the error and add the underpayment to a subsequent monthly statement that is calculated. If Seller identifies an error in Buyer’s favor and Buyer agrees that the identified error occurred, Seller shall reimburse Buyer for the amount of overpayment caused by the error and Buyer shall apply the overpayment to a subsequent statement that is calculated. If the recomputation results in a net amount still owing to Buyer after applying the overpayment, a subsequent statement shall show a net amount owing to Buyer. (f) Notwithstanding anything to the contrary in this Agreement, if any payment statement shows amounts owed by Seller to Buyer, as Buyer may, at its option, apply this net amount owing to Buyer in any subsequent monthly statements to Seller or invoice Seller for such amount, in which case Seller must pay the amount owing to Buyer within 20 days of receipt of such invoice. (g) Notwithstanding anything to the contrary in this Agreement, for the entire period during which Seller fails to materially comply with any provision set forth in Exhibit G; Any SDD AdjustmentC, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to shall be responsible for all CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Partyprovided, as set forth in Section 8.02; The agreement of the Parties however, that Buyer shall have no liability to make any energy payments to if Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under complies fully with Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After the Term End DateC, Buyer shall invoice pay all CAISO Charges (except those CAISO Charges for which Seller is responsible under Exhibit E) for all payment adjustments within 60 days up to 1 MW of Buyerdeviation of Seller’s receipt forecast of all electric energy from the Metered Energy, and Seller shall be responsible only for CAISO Charges attributable to such deviations in excess of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)1 MW.