Common use of Payment Structure Clause in Contracts

Payment Structure. The Applicant shall make payments to the County, in the amounts and at such times as set forth in Exhibit A (each a “Payment” and collectively, the “Payments”). The Initial Payment (defined in Exhibit A), shall be made no later than 60 days after approval of the CUP. All other Payments shall be due and payable on or before December 1st each year (and shall be prorated accordingly for the number of months of Commercial Operation prior to December 1 of the first year), until the earliest of the following (the “Termination Date”): (i) Applicant’s commencement of the decommissioning of all or a material portion of the Project; (ii) permanent cessation of Commercial Operation of the Project; or (iii) if not previously terminated by (i) or (ii), termination of the CUP. With the exception of the Initial Payment which shall be made in accordance with this section and Exhibit A, Applicant’s obligation to make all other Payments shall be conditioned upon the Project commencing Commercial Operation. As used herein, “Commercial Operation” or “Commercial Operation Date” means the date on which the Project becomes fully operational and begins selling power under the terms of a power purchase or offtake agreement. Generation of test energy shall not be deemed Commercial Operation. Notwithstanding any provision of this Agreement to the contrary, in no event shall this Agreement result (i) in the Applicant owing less taxes than would be owed in the absence of this Agreement or (ii) in the Applicant having later tax deadlines than would exist in the absence of this Agreement.

Payment Structure. The Applicant shall make payments to the County, in the amounts and at such times as set forth in Exhibit A B (each a “Payment” and collectively, the “Payments”). The Initial Payment (defined in Exhibit AB), shall be made no later than 60 days after approval of the CUP. All other Payments shall be due and payable on or before December 1st each year (and shall be prorated accordingly for the number of months of Commercial Operation prior to December 1 of the first year), until the earliest of the following (the “Termination Date”): (i) Applicant’s commencement of the decommissioning of all or a material portion of the Project; (ii) permanent cessation of Commercial Operation of the Project.; or (iii) if not previously terminated by (i) or (ii), termination of the CUP. With the exception of the Initial Payment which shall be made in accordance with this section and Exhibit AB, Applicant’s obligation to make all other Payments shall be conditioned upon the Project commencing Commercial Operation. As used herein, “Commercial Operation” or “Commercial Operation Date” means the date on which the Project becomes fully operational and begins selling power under the terms of a power purchase or offtake agreement. Generation of test energy shall not be deemed Commercial Operation. Notwithstanding any provision of this Agreement to the contrary, in no event shall this Agreement result (i) in the Applicant owing less taxes than would be owed in the absence of this Agreement or (ii) in the Applicant having later tax deadlines than would exist in the absence of this Agreement.

Payment Structure. The Applicant shall make payments to the County, in the amounts and at such times as set forth in Exhibit A (each a “Payment” and collectively, the “Payments”). The Initial Payment (defined in Exhibit A), shall be made no later than 60 days after approval of the CUP. The Building Permit Payment (defined in Exhibit A) shall be made no later than 60 days after approval of the Building Permits for the Project. All other Payments shall be due and payable on or before December 1st each year (and shall be prorated accordingly for the number of months of Commercial Operation prior to December 1 of the first year), until the earliest of the following (the “Termination Date”): (i) Applicant’s commencement of the decommissioning of all or a material portion of the Project; (ii) permanent cessation of Commercial Operation of the Project; or (iii) if not previously terminated by (i) or (ii), termination of the CUP. With the exception of the Initial Payment which shall be made in accordance with this section and Exhibit A, Applicant’s obligation to make all other Payments shall be conditioned upon the Project commencing Commercial Operation. As used herein, “Commercial Operation” or “Commercial Operation Date” means the date on which the Project becomes fully operational and begins selling power under the terms of a power purchase or offtake agreement. Generation of test energy shall not be deemed Commercial Operation. Notwithstanding any provision of this Agreement to the contrary, in no event shall this Agreement result (i) in the Applicant owing less taxes than would be owed in the absence of this Agreement or (ii) in the Applicant having later tax deadlines than would exist in the absence of this Agreement.

Payment Structure. The Applicant shall make payments to the County, in the amounts and at such times as set forth in Exhibit A (each a “Payment” and collectively, the “Payments”). The Initial Payment (defined in Exhibit A), shall be made no later than 60 45 days after approval of the CUPCommercial Operation Date. All other Payments shall be due and payable on or before December 1st each year (and shall be prorated accordingly for the number of months of Commercial Operation prior to December 1 of the first year), until the earliest of the following (the “Termination Date”): (i) Applicant’s commencement of the decommissioning of all or a material portion of the Project; (ii) permanent cessation of Commercial Operation of the Project; or (iii) if not previously terminated by (i) or (ii), termination of the CUP. With the exception of the Initial Payment which shall be made in accordance with this section and Exhibit A, Applicant’s obligation to make all other Payments shall be conditioned upon the Project commencing Commercial Operation. As used herein, “Commercial Operation” or “Commercial Operation Date” means the date on which the Project becomes fully operational and begins selling power under the terms of a power purchase or offtake agreement. Generation of test energy shall not be deemed Commercial Operation. Notwithstanding any provision of this Agreement to the contrary, in no event shall this Agreement result (i) in the Applicant owing less taxes than would be owed in the absence of this Agreement or (ii) in the Applicant having later tax deadlines than would exist in the absence of this Agreement.