Common use of Outages Clause in Contracts

Outages. Lessee shall be permitted to be off line for a total of forty-eight (48) day light hours (each, a “Scheduled Outage”) per calendar year during the Term, during which days Lessee shall not be obligated to reimburse Lessor for lost or recaptured Environmental Incentives or lost sales (and penalties payments associated with the same) of associated Environmental Attributes (collectively, “Lost Environmental Revenue”), as otherwise provided herein; provided, however, that Lessee must notify Lessor in writing of each such Scheduled Outage at least forty-eight (48) hours in advance of the commencement of a Scheduled Outage. In the event that Scheduled Outages exceed a total of forty-eight (48) day light hours per calendar year or there are unscheduled outages, in each case for a reason other than a Force Majeure event. Lessee shall pay Lessor an amount equal to the sum of (i) revenues that Lessor would have received with respect to the System under the any rebate program and any other assistance program with respect to electric energy that would have been produced during the outage; (ii) revenues from Environmental Attributes that Lessor would have received with respect to electric energy that would have been produced by the System during the outage; and (iii) Tax Credits that Lessor (or, if Lessor is a pass-through entity for tax purposes, Lessor’s owners) would have received with respect to electric energy that would have been produced by the System during the outage. Determination of the amount of energy that would have been produced during the removal or disconnection shall determined by Lessor on a commercially reasonable basis .

Outages. Lessee Purchaser shall be permitted to be off line for a total of forty-eight (48) day light daylight hours (each, a “Scheduled Outage”) per calendar year during the Term, during which days Lessee hours Purchaser shall not be obligated to reimburse Lessor accept or pay for lost or recaptured Environmental Incentives or lost sales (and penalties payments associated with electricity from the same) of associated Environmental Attributes (collectively, “Lost Environmental Revenue”), as otherwise provided hereinSystem; provided, however, that Lessee Purchaser must notify Lessor Seller in writing of each such Scheduled Outage at least forty-eight (48) hours in advance of the commencement of a Scheduled Outage. In the event that Scheduled Outages exceed a total of forty-eight (48) day light daylight hours per calendar year or there are unscheduled outages, in each case for a reason other than a Force Majeure event. Lessee , Purchaser shall pay Lessor Seller an amount equal to the sum of (i) payments that Purchaser would have made to Seller hereunder for electric energy that would have been produced by the System during the outage; (ii) revenues that Lessor Seller would have received with respect to the System under the any rebate program and any other assistance program with respect to electric energy that would have been produced during the outage; (iiiii) revenues from Environmental Attributes that Lessor Seller would have received with respect to electric energy that would have been produced by the System during the outage; and (iiiiv) Tax Credits that Lessor Seller (or, if Lessor Seller is a pass-through entity for tax purposes, LessorSeller’s owners) would have received with respect to electric energy that would have been produced by the System during the outage. Determination of the amount of energy that would have been produced during the removal or disconnection shall determined by Lessor on a commercially reasonable basis be in accordance with the procedures in Section 10(b).

Outages. Lessee Purchaser shall be permitted to be off line for a total of forty-eight (48) day light daylight hours (each, a “Scheduled Outage”) per calendar year during the Term, during which days Lessee hours Purchaser shall not be obligated to reimburse Lessor accept or pay for lost or recaptured Environmental Incentives or lost sales (and penalties payments associated with electricity from the same) of associated Environmental Attributes (collectively, “Lost Environmental Revenue”), as otherwise provided hereinSystem; provided, however, that Lessee Purchaser must notify Lessor Seller in writing of each such Scheduled Outage at least forty-eight (48) hours in advance of the commencement of a Scheduled Outage. In the event that Scheduled Outages exceed a total of forty-forty- eight (48) day light daylight hours per calendar year or there are unscheduled outages, in each case for a reason other than a Force Majeure event. Lessee , Purchaser shall pay Lessor Seller an amount equal to the sum of (i) payments that Purchaser would have made to Seller hereunder for electric energy that would have been produced by the System during the outage; (ii) revenues that Lessor Seller would have received with respect to the System under the any rebate program and any other assistance program with respect to electric energy that would have been produced during the outage; (iiiii) revenues from Environmental Attributes that Lessor Seller would have received with respect to electric energy that would have been produced by the System during the outage; and (iiiiv) Tax Credits that Lessor Seller (or, if Lessor Seller is a pass-through entity for tax purposes, LessorSeller’s owners) would have received with respect to electric energy that would have been produced by the System during the outage. Determination of the amount of energy that would have been produced during the removal or disconnection shall determined by Lessor on a commercially reasonable basis be in accordance with the procedures in Section 10(b).

Outages. Lessee Notwithstanding anything to the contrary in Section 9(d) or elsewhere in this Agreement, Purchaser shall be permitted to be off line for a total of forty-eight (48) day light daylight hours (each, a “Scheduled Outage”) per calendar year during the Term, during which days Lessee hours Purchaser shall not be obligated to reimburse Lessor accept or pay for lost or recaptured Environmental Incentives or lost sales (and penalties payments associated with electricity from the same) of associated Environmental Attributes (collectively, “Lost Environmental Revenue”), as otherwise provided hereinSystem; provided, however, that Lessee Purchaser must notify Lessor Seller in writing of each such Scheduled Outage at least forty-forty- eight (48) hours in advance of the commencement of a Scheduled Outage. In the event that Scheduled Outages exceed a total of forty-eight (48) day light daylight hours per calendar year or there are unscheduled outages, in each case for a reason other than a Force Majeure event. Lessee , Purchaser shall pay Lessor Seller an amount equal to the sum of (i) payments that Purchaser would have made to Seller hereunder for electric energy that would have been produced by the System during the outage; (ii) revenues that Lessor Seller would have received with respect to the System under the any rebate program and any other assistance program with respect to electric energy that would have been produced during the outage; (iiiii) revenues from Environmental Attributes that Lessor Seller would have received with respect to electric energy that would have been produced by the System during the outage; and (iiiiv) Tax Credits that Lessor Seller (or, if Lessor Seller is a pass-through entity for tax purposes, LessorSeller’s owners) would have received with respect to electric energy that would have been produced by the System during the outage. Determination of the amount of energy that would have been produced during the removal or disconnection shall determined by Lessor on a commercially reasonable basis be in accordance with the procedures in Section 11.b.

Outages. Lessee Purchaser shall be permitted to cause the System to be off line for its operational purposes a total of forty-forty- eight (48) day light daylight hours (each, a “Scheduled Outage”) per calendar year during the Term, during which days Lessee hours Purchaser shall not be obligated to reimburse Lessor accept or pay for lost or recaptured Environmental Incentives or lost sales (and penalties payments associated with electricity from the same) of associated Environmental Attributes (collectively, “Lost Environmental Revenue”), as otherwise provided hereinSystem; provided, however, that Lessee Purchaser must notify Lessor Seller in writing of each such Scheduled Outage at least fortytwenty-eight four (4824) hours in advance of the commencement of a Scheduled Outage. In the event that Scheduled Outages by Purchaser exceed a total of forty-forty- eight (48) day light daylight hours per calendar year or there are unscheduled outages, in each case for a reason other than a Force Majeure event. Lessee , Purchaser shall pay Lessor Seller an amount equal to the sum of (i) revenues payments that Lessor Purchaser would have received with respect made to the System under the any rebate program and any other assistance program with respect to electric energy that would have been produced during the outage; (ii) revenues from Environmental Attributes that Lessor would have received with respect to Seller hereunder for electric energy that would have been produced by the System during the outage; and (iiiii) Tax Credits that Lessor Seller (or, if Lessor Seller is a pass-through entity for tax purposes, LessorSeller’s owners) would have received with respect to electric energy that would have reasonably been produced by the System during the outage. Determination of the amount of energy that would have been produced during the removal or disconnection shall determined by Lessor on a commercially reasonable basis be in accordance with the procedures in Section 10(b). Seller shall be responsible for the safe and reliable operation of the System and the interconnection with the Utility and shall have the sole responsibility for any lost revenue associated with such curtailment or loss of utility.

Outages. Lessee Purchaser shall be permitted to be off line for a total of forty-eight (48) day light daylight hours (each, a “Scheduled Outage”) per calendar year during the Term, during which days Lessee hours Purchaser shall not be obligated to reimburse Lessor accept or pay for lost or recaptured Environmental Incentives or lost sales (and penalties payments associated with electricity from the same) of associated Environmental Attributes (collectively, “Lost Environmental Revenue”), as otherwise provided hereinSystem; provided, however, that Lessee Purchaser must notify Lessor Seller in writing of each such Scheduled Outage at least forty-eight (48) hours in advance of the commencement of a Scheduled Outage. In the event During any period that Scheduled Outages exceed a total of forty-eight (48) day light daylight hours per calendar year or there are unscheduled outages, in each case for a reason other than a Force Majeure event. Lessee , Purchaser shall pay Lessor Seller an amount equal to the sum of (i) payments that Purchaser would have made to Seller hereunder for electric energy that would have been produced by the System during the outage; (ii) revenues that Lessor Seller would have received with respect to the System under the any rebate program and any other assistance program with respect to electric energy that would have been produced during the outage; (iiiii) revenues from Environmental Attributes that Lessor Seller would have received with respect to electric energy that would have been produced by the System during the outage; and (iiiiv) Tax Credits that Lessor Seller (or, if Lessor Seller is a pass-through entity for tax purposes, LessorSeller’s owners) would have received with respect to electric energy that would have been produced by the System during the outage. Determination of the amount of energy that would have been produced during the removal or disconnection shall determined by Lessor on a commercially reasonable basis be in accordance with the procedures in Section 10(b).

Outages. Lessee Purchaser shall be permitted to be off line for a total of forty-eight (48) day light daylight hours (each, a “Scheduled Outage”) per calendar year during the Term, during which days Lessee hours Purchaser shall not be obligated to reimburse Lessor accept or pay for lost or recaptured Environmental Incentives or lost sales (and penalties payments associated with electricity from the same) of associated Environmental Attributes (collectively, “Lost Environmental Revenue”), as otherwise provided hereinSystem; provided, however, that Lessee Purchaser must notify Lessor Seller in writing of each such Scheduled Outage at least forty-eight (48) hours in advance of the commencement of a Scheduled Outage. In the event that Scheduled Outages exceed a total of forty-eight (48) day light daylight hours per calendar year or there are unscheduled outages, in each case for a reason other than a Force Majeure event. Lessee , Purchaser shall pay Lessor Seller an amount equal to the sum of (i) payments that Purchaser would have made to Seller hereunder for electric energy that would have been produced by the System during the outage; (ii) revenues that Lessor Seller would have received with respect to the System 1 The Agreement provides for access to the Premises through a license. However, it is recognized that certain Sellers may prefer for access to the Premises to be provided through a lease or sublease. under the any rebate program and any other assistance program with respect to electric energy that would have been produced during the outage; (iiiii) revenues from Environmental Attributes Incentives that Lessor Seller would have received with respect to electric energy that would have been produced by the System during the outage; and (iiiiv) Tax Credits that Lessor Seller (or, if Lessor Seller is a pass-through entity for tax purposes, LessorSeller’s owners) would have received with respect to electric energy that would have been produced by the System during the outage. Determination of the amount of energy that would have been produced during the removal or disconnection shall determined by Lessor on a commercially reasonable basis be in accordance with the procedures in Section 10(b).