Common use of Quantity Determinations Clause in Contracts

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the Injection Portion as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the Injection Point for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, and injected at the Injection Point for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority). (b) The amount of Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Contract Energy actually generated by the Generating Facility and injected at the Injection Point, as determined according to Section 8.2(a), (ii) the sum of (A) the amount of Contract Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, provided such delivery was made according to Section 7.8 (whether physically and/or financially), plus (B) any Contract Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the Maximum Delivered Contract Energy. (c) The amount of Storage Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Storage Energy actually produced by the Storage Facility and injected at the Injection Point, as determined according to Section 8.2(a); provided, however, that such amount of Storage Energy shall be determined based on the amount of Storage Energy measured at the Storage Facility Discharging Metering Point,

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the Injection Portion as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the Injection Point for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, and injected at the Injection Point for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority). (b) The amount of Delivered Energy for all purposes of this Agreement shall be deemed to be the least lesser of (i) the amount of Contract Energy actually generated by the Generating Facility and injected at the Injection Point, as determined according to Section 8.2(a), (ii) the sum of (A) the amount of Contract Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, provided such delivery was made according to Section 7.8 (whether physically and/or financially), plus (B) any Contract Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the Maximum Delivered Contract Energy. (c) The Any amount of Storage Delivered Energy recognized by a Balancing Authority for all settlement purposes of that is used in the determinations set forth in this Agreement Section 8.2 shall be adjusted only when such Balancing Authority recognizes such adjustment for settlement purposes. In such event, such adjustment recognized by such Balancing Authority for settlement purposes shall be deemed to be adjust the least corresponding amount for purposes of (i) the amount of Storage Energy actually produced by the Storage Facility and injected at the Injection Point, as determined according to Section 8.2(a); provided, however, that such amount of Storage Energy shall be determined based on the amount of Storage Energy measured at the Storage Facility Discharging Metering Point,this Agreement.

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the [Electric Interconnection Point] 157 158 [Injection Portion Portion]159 as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the [Electric Interconnection Point]160 [Injection Point Portion]161 for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, [and injected at the Injection Point Point]162 for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority). (b) [The amount of Contract Energy and Storage Energy actually generated by the Facility and injected at the Injection Point for all purposes of this Agreement shall be deemed to be the lesser of (i) the amount of Contract Energy and Storage Energy actually generated by the Facility, as determined according to Section 8.2(a), or (ii) the amount of Contract Energy and Storage Energy [that is recognized by the Balancing Authority applicable to the Injection Portion as being delivered by Seller (or its designated Market Participant) from the Facility to the Injection Point] for settlement purposes.]163 [intentionally omitted]164 (c) The amount of Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Contract Energy actually generated by the Generating Facility and injected at the Injection Point, as determined according to Section 8.2(a), (ii) the sum of (A) the amount of Contract Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, provided such delivery was made according to Section 7.8 (whether physically and/or financially), plus (B) any Contract Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the Maximum Delivered Contract Energy. (c) The amount of Storage Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Storage Energy actually produced by the Storage Facility and injected at the Injection Point, as determined according to Section 8.2(a); provided, however, that such amount of Storage Energy shall be determined based on the amount of Storage Energy measured at the Storage Facility Discharging Metering Point8.2[(a)]165[(b)]166,

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the [Electric Interconnection Point] 156 157 [Injection Portion Portion]158 as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the [Electric Interconnection Point] 159 [Injection Point Portion]160 for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, [and injected at the Injection Point Point]161 for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority). (b) [The amount of Contract Energy and Storage Energy actually generated by the Facility and injected at the Injection Point for all purposes of this Agreement shall be deemed to be the lesser of (i) the amount of Contract Energy and Storage Energy actually generated by the Facility, as determined according to Section 8.2(a), or (ii) the amount of Contract Energy and Storage Energy [that is recognized by the Balancing Authority applicable to the Injection Portion as being delivered by Seller (or its designated Market Participant) from the Facility to the Injection Point] for settlement purposes.]162 [intentionally omitted]163 (c) The amount of Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Contract Energy actually generated by the Generating Facility and injected at the Injection Point, as determined according to Section 8.2(a), (ii) the sum of (A) the amount of Contract Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, provided such delivery was made according to Section 7.8 (whether physically and/or financially), plus (B) any Contract Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the Maximum Delivered Contract Energy. (c) The amount of Storage Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Storage Energy actually produced by the Storage Facility and injected at the Injection Point, as determined according to Section 8.2(a); provided, however, that such amount of Storage Energy shall be determined based on the amount of Storage Energy measured at the Storage Facility Discharging Metering Point8.2[(a)]164[(b)]165,

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the Injection Portion Point as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the Injection Point Portion for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, and injected at the Injection Point for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority). (b) The amount of Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Contract Energy actually generated by the Generating Facility and injected at the Injection Point, as determined according to Section 8.2(a)8.2 (a) , (ii) the sum of (A) the amount of Contract Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, provided such delivery was made according to Section 7.8 (whether physically and/or financially), plus (B) any Contract Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the Maximum Delivered Contract Energy. (c) The amount of Storage Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Storage Energy actually produced by the Storage Facility and injected at the Injection Point, as determined according to Section 8.2(a); provided, however, that such amount of Storage Energy shall be determined based on the amount of Storage Energy measured at the Storage Facility Discharging Metering Point,

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the Injection Portion [Electric Interconnection Point]68 69[Injection Portion]70 as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the [Electric Interconnection Point] 71 [Injection Point Point] 72 for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, [and injected at the Injection Point Point]73 for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority). (b) [The amount of Contract Energy and Storage Energy actually generated by the Facility and injected at the Injection Point for all purposes of this Agreement shall be deemed to be the lesser of (i) the amount of Contract Energy and Storage Energy actually generated by the Facility, as determined according to Section 8.2(a), or (ii) the amount of Contract Energy and Storage Energy [that is recognized by the Balancing Authority applicable to the Injection Portion as being delivered by Seller (or its designated Market Participant) from the Facility to the Injection Point] for settlement purposes.]74 [intentionally omitted]75 (c) The amount of Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Contract Energy actually generated by the Generating Facility and injected at the Injection Point, as determined according to Section 8.2(a), 8.2 [(ii) the sum of a)]76 [(A) the amount of Contract Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, provided such delivery was made according to Section 7.8 (whether physically and/or financially), plus (B) any Contract Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the Maximum Delivered Contract Energy. (c) The amount of Storage Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Storage Energy actually produced by the Storage Facility and injected at the Injection Point, as determined according to Section 8.2(a); provided, however, that such amount of Storage Energy shall be determined based on the amount of Storage Energy measured at the Storage Facility Discharging Metering Pointb)]77,

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the Injection Portion [Electric Interconnection Point]53 54[Injection Portion]55 as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the [Electric Interconnection Point] 56 [Injection Point Portion] 57 for settlement purposes shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, [and injected at the Injection Point Point]58 for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority). (b) [The amount of Contract Energy and Storage Energy actually generated by the Facility and injected at the Injection Point for all purposes of this Agreement shall be deemed to be the lesser of (i) the amount of Contract Energy and Storage Energy actually generated by the Facility, as determined according to Section 8.2(a), or (ii) the amount of Contract Energy and Storage Energy [that is recognized by the Balancing Authority applicable to the Injection Portion as being delivered by Seller (or its designated Market Participant) from the Facility to the Injection Point] for settlement purposes.]59 [intentionally omitted]60 (c) The amount of Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Contract Energy actually generated by the Generating Facility and injected at the Injection Point, as determined according to Section 8.2(a), 8.2 [(ii) the sum of a)]61 [(A) the amount of Contract Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, provided such delivery was made according to Section 7.8 (whether physically and/or financially), plus (B) any Contract Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the Maximum Delivered Contract Energy. (c) The amount of Storage Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Storage Energy actually produced by the Storage Facility and injected at the Injection Point, as determined according to Section 8.2(a); provided, however, that such amount of Storage Energy shall be determined based on the amount of Storage Energy measured at the Storage Facility Discharging Metering Pointb)]62,

Quantity Determinations. (a) The amount of Contract Energy and Storage Energy that is recognized by the Balancing Authority applicable to the Injection Portion as being actually generated or produced by the Generating Facility and Storage Facility, respectively, and delivered to the Injection Electric Interconnection Point for settlement purposes (but not including any quantity of Energy that such Balancing Authority credits to the Facility but that was not actually generated by the Facility) shall be deemed to be the amount of Contract Energy and Storage Energy actually generated or produced by the Generating Facility and Storage Facility, respectively, and injected at the Injection Electric Interconnection Point for all purposes of this Agreement. Without limiting Section 4.6, and for the avoidance of doubt, such amount shall not include any quantity of Energy that such Balancing Authority credits to the Facility for settlement purposes (e.g., pursuant to a day-ahead dispatch schedule) but that was not actually generated by the Facility (e.g., imbalance or real-time energy provided by such Balancing Authority). (b) The amount of Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Contract Energy actually generated by the Generating Facility and injected at the Injection Electric Interconnection Point, as determined according to Section 8.2(a), (ii) the sum of (A) the amount of Contract Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer pursuant to Section 7.8 at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, provided such delivery was made according to Section 7.8 (whether physically and/or financially), plus (B) any Contract Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the Maximum Delivered Contract Energy. (c) The amount of Storage Delivered Energy for all purposes of this Agreement shall be deemed to be the least of (i) the amount of Storage Energy actually produced by the Storage Facility and injected at the Injection PointFacility, as determined according to Section 8.2(a); provided, however, that such amount of Storage Energy shall be determined based on the amount of Storage Energy measured at the Storage Facility Discharging Metering Point,, (ii) the sum of (A) the amount of Storage Energy that is recognized by the Balancing Authority applicable to the Delivery Portion as being delivered by Seller (or its designated Market Participant) to Buyer pursuant to Section 7.8 at the Energy Financial Delivery Point in the Applicable Market for settlement purposes, plus (B) any Storage Energy delivered by Seller to Buyer at the Energy Financial Delivery Point outside such Balancing Authority according to Section 7.8(f) or Section 7.8(g), or (iii) the amount of Storage Energy scheduled for delivery by Xxxxx. (d) The amount of Charging Energy for all purposes of this Agreement shall be the Contract Energy, net of transformation and transmission losses, if any, measured at the Storage Facility Charging Metering Point that is delivered to the Storage Facility at the direction of Buyer pursuant to a Charging Notice, which amount shall not be greater than the amount of Charging Energy in the applicable Charging Notice. (e) Any amount recognized by a Balancing Authority for settlement purposes that is used in the determinations set forth in this Section 8.2 shall be adjusted only when such Balancing Authority recognizes such adjustment for settlement purposes. In such event, such adjustment recognized by such Balancing Authority for settlement purposes shall be deemed to adjust the corresponding amount for purposes of this Agreement.