PURCHASE AND SALE OF THERMAL ENERGY AND ELECTRICITY. 7.1 Purchase and Sale of Thermal Energy. Commencing on the Service Commencement Date and continuing thereafter throughout the Term of this Agreement, Seller will produce and deliver for sale to Buyer, and Buyer will purchase and receive from Seller, Buyer's Thermal Energy requirements for Buyer's Facilities. Such Thermal Energy requirements will be produced by Seller from the Thermal Energy Production Facilities; provided, however, that Seller, at its sole reasonable discretion, may provide such Thermal Energy requirements from a centralized thermal energy plant to be owned and operated by Seller or an affiliate thereof, in which event Seller will maintain the Thermal Energy Production Facilities in a moth-ball condition which meets or exceeds good industry practice and in which event appropriate changes will be made to the Points of Delivery and Points of Return. Buyer commits to purchase an aggregate amount of Thermal Energy for Buyer's Facilities and all other participating Facilities equal to at least Eighty (80) Percent of Buyer’s average annual usage solely at Buyer's Facilities over the five (5) years preceding the date of execution of this Agreement (“Buyer’s Minimum Thermal Energy Purchase Obligation”). Schedule 7 which is attached hereto and made a part of this Agreement shows the calculation the Buyer’s Minimum Thermal Energy Purchase Obligation.
