Common use of Schedule 3 – Early Termination Fee Clause in Contracts

Schedule 3 – Early Termination Fee. The Early Termination Fee with respect to the System under the Agreement shall be calculated in accordance with the following: Early Termination Occurs in Year: Column 1 Early Termination Fee where Purchaser does not take Title to the System ($/Wdc including costs of removal) Purchase Date Occurs on the 91st day following: (Each “Anniversary” below shall refer to the anniversary of the Commercial Operation Date) Column 2 Early Termination Fee where Purchaser takes Title to the System ($/Wdc, does not include costs of removal)* -- -- -- -- -- 5th Anniversary 6th Anniversary 7th Anniversary 8th Anniversary 9th Anniversary 10th Anniversary 11th Anniversary 12th Anniversary 13th Anniversary 14th Anniversary 15th Anniversary 16th Anniversary 17th Anniversary 18th Anniversary 19th Anniversary At Expiration (the end of the Initial Term), the amount in Column 1 shall be deemed to be zero (0). *Includes Early Termination prior to the Commercial Operation Date.

Schedule 3 – Early Termination Fee. The Early Termination Fee with respect to the System under the this Agreement shall be calculated in accordance with the following: Early Termination Occurs in Year: Column 1 Early Termination Fee where Purchaser does not take Title to the System ($/Wdc including costs of removal) Purchase Date Occurs on the 91st day following: (Each “Anniversary” below shall refer to the anniversary of the Commercial Operation Date) Column 2 Early Termination Fee where Purchaser takes Title to the System ($/Wdc, does not include costs of removal)) 1* -- 4 -- -- -- -- 6 5th Anniversary 7 6th Anniversary 8 7th Anniversary 9 8th Anniversary 10 9th Anniversary 11 10th Anniversary 12 11th Anniversary 13 12th Anniversary 14 13th Anniversary 15 14th Anniversary 16 15th Anniversary 17 16th Anniversary 18 17th Anniversary 18th Anniversary 19th Anniversary At Expiration (the end of the Initial Term), the amount in Column 1 shall be deemed to be zero (0). *Includes Early Termination prior to the Commercial Operation Date.Anniversary