Common use of Step-Up Invoices Clause in Contracts

Step-Up Invoices. Step-Up Invoices shall be issued in accordance with the provisions set forth below. 11.8.1 In the event of a Payment Default by one or more Defaulting SCPPA Participants, which is in existence following the Operating Reserve Depletion Date, SCPPA shall provide by the fifth Day of the Month following such Operating Reserve Depletion Date, a separate Step-Up Invoice to each non- Defaulting SCPPA Participant that includes a charge equal to the non- Defaulting SCPPA Participant’s pro rata share, based upon the Participant Facility Products Cost Shares of all non-Defaulting SCPPA Participants, of the amount of Monthly Costs reflected in the unpaid Billing Statements for the previous Month for such Defaulting Purchaser). Notwithstanding the foregoing, the amount of each monthly Step-Up Invoice provided to a non- Defaulting SCPPA Participant shall not exceed 100% of the aggregate amount of Monthly Costs that such non-Defaulting SCPPA Participant was billed in its Billing Statement for the Month preceding such monthly Step-Up Invoice. 11.8.2 Step-Up Invoices shall be due and payable within twenty (20) Days after the receipt thereof by the non-Defaulting SCPPA Participant, and payments to SCPPA with respect to Step-Up Invoices shall be separate from any other payments due under each SCPPA Participant’s Power Sales Agreement, including but not limited to monthly Billing Statement payments.

Step-Up Invoices. Step-Up Invoices shall be issued in accordance with the provisions set forth below. 11.8.1 15.9.1 In the event of a Payment Default by one or more Defaulting SCPPA Project Participants, which is in existence following the Operating Reserve Depletion Date, SCPPA shall provide by the fifth Day day of the Month following such Operating Reserve Depletion Date, a separate Step-Up Invoice to each non- non-Defaulting SCPPA Project Participant that includes a charge equal to the non- non-Defaulting SCPPA Project Participant’s 's pro rata share, based upon the Participant Facility Products Output Cost Shares of all non-Defaulting SCPPA Project Participants, of the amount of Total Monthly Costs reflected in the unpaid Billing Statements for the previous Month for such Defaulting PurchaserProject Participant(s). Notwithstanding the foregoing, the amount of each monthly Step-Up Invoice provided to a non- Defaulting SCPPA Project Participant shall not exceed 100% of the aggregate amount of Monthly Costs that such non-Defaulting SCPPA Project Participant was billed with respect to Total Monthly Costs in its Billing Statement for the Month preceding such monthly Step-Up Invoice. 11.8.2 Step-15.9.2 Step Up Invoices shall be due and payable within twenty (20) Days after 10 days of the receipt thereof by the non-Defaulting SCPPA Participantthereof, and payments to SCPPA with respect to Step-Up Invoices shall be separate from any other payments due under each SCPPA Project Participant’s Power Sales Agreement, including but not limited to monthly Billing Statement payments.

Step-Up Invoices. Step-Up Invoices shall be issued in accordance with the provisions set forth below. 11.8.1 In the event of a Payment Default by one or more Defaulting SCPPA Participants, which is in existence following the Operating Reserve Depletion Date, SCPPA shall provide by the fifth Day of the Month following such Operating Reserve Depletion Date, a separate Step-Step- Up Invoice to each non- non-Defaulting SCPPA Participant that includes a charge equal to the non- non-Defaulting SCPPA Participant’s pro rata share, based upon the Participant Facility Products Output Cost Shares of all non-non- Defaulting SCPPA Participants, of the amount of Monthly Costs reflected in the unpaid Billing Statements for the previous Month for such Defaulting Purchaser). Notwithstanding the foregoing, the amount of each monthly Step-Up Invoice provided to a non- Defaulting SCPPA Participant shall not exceed 100% of the aggregate amount of Monthly Costs that such non-Defaulting SCPPA Participant was billed in its Billing Statement for the Month preceding such monthly Step-Up Invoice. 11.8.2 Step-Up Invoices shall be due and payable within twenty (20) Days after of the receipt thereof by the non-Defaulting SCPPA Participantthereof, and payments to SCPPA with respect to Step-Step- Up Invoices shall be separate from any other payments due under each SCPPA Participant’s Power Sales Agreement, including but not limited to monthly Billing Statement payments.

Step-Up Invoices. Step-Up Invoices shall be issued in accordance with the provisions set forth below. 11.8.1 In the event of a Payment Default by one or more Defaulting SCPPA Participants, which is in existence following the Operating Reserve Depletion Date, SCPPA shall provide by the fifth Day of the Month following such Operating Reserve Depletion Date, a separate Step-Up Invoice to each non- Defaulting SCPPA Participant that includes a charge equal to the non- non-Defaulting SCPPA Participant’s pro rata share, based upon the Participant Facility Products Output Cost Shares of all non-Defaulting SCPPA Participants, of the amount of Monthly Costs reflected in the unpaid Billing Statements for the previous Month for such Defaulting Purchaser). Notwithstanding the foregoing, the amount of each monthly Step-Up Invoice provided to a non- non-Defaulting SCPPA Participant shall not exceed 100% of the aggregate amount of Monthly Costs that such non-Defaulting SCPPA Participant was billed in its Billing Statement for the Month preceding such monthly Step-Up Invoice. 11.8.2 Step-Up Invoices shall be due and payable within twenty (20) Days after of the receipt thereof by the non-Defaulting SCPPA Participantthereof, and payments to SCPPA with respect to Step-Up Invoices shall be separate from any other payments due under each SCPPA Participant’s Power Sales Agreement, including but not limited to monthly Billing Statement payments.

Step-Up Invoices. Step-Up Invoices shall be issued in accordance with the provisions set forth below. 11.8.1 In the event of a Payment Default by one or more Defaulting SCPPA Participants, which is in existence following the Operating Reserve Depletion Date, SCPPA shall provide by the fifth (5th) Day of the Month following such Operating Reserve Depletion Date, a separate Step-Up Invoice to each non- Defaulting SCPPA Participant that includes a charge equal to the non- non-Defaulting SCPPA Participant’s pro rata share, based upon the then-current Participant Facility Products Output Cost Shares of all non-Defaulting SCPPA Participants, of the amount of Monthly Costs reflected in the unpaid Billing Statements for the previous Month for such Defaulting PurchaserSCPPA Participant). Notwithstanding the foregoing, the amount of each monthly Step-Up Invoice provided to a non- Defaulting SCPPA Participant shall not exceed 100% of the aggregate amount of Monthly Costs that such non-Defaulting SCPPA Participant was billed in its Billing Statement for the Month preceding such monthly Step-Up Invoice. 11.8.2 Step-Up Invoices shall be due and payable within twenty (20) Days after of the receipt thereof by the non-Defaulting SCPPA Participantthereof, and payments to SCPPA with respect to Step-Up Invoices shall be separate from any other payments due under each SCPPA Participant’s Power Sales Agreement, including but not limited to monthly Billing Statement payments.