Common use of Upon Commencement of Commercial Operations Clause in Contracts

Upon Commencement of Commercial Operations. If a copy of the IE Energy Assessment Report together with the supporting data (plane of array irradiance and corresponding power output) is not provided to Company in accordance with Section 1(c) (NEP IE Estimate and Company-Designated NEP Estimate) of Attachment U (Calculation and Adjustment of Net Energy Potential), the GPR Performance Metric for the period commencing on the Commercial Operations Date through the end of the calendar month during which the Initial OEPR is issued shall be 0.85. If a copy of the IE Energy Assessment Report together with the supporting data (plane of array irradiance and corresponding power output) is provided to Company in accordance with Section 1(c) (NEP IE Estimate and Company-Designated NEP Estimate) of Attachment U (Calculation and Adjustment of Net Energy Potential), the GPR Performance Metric shall be the GPR set forth in the IE Energy Assessment Report, provided that such GPR is justified by such supporting data and consistent with the manufacturer's minimum irradiance level for production and point of power measurement specified in Section 2.6(a)(ii). In the event that the IE Assessment Report includes the supporting data (plane of array irradiance and corresponding power output) relied upon in arriving at the NEP IE Estimate, but does not set forth a GPR, the GPR Performance Metric shall be calculated using such supporting data and the Measured Performance Ratio formula in Section 2.6(a)(ii) of this Agreement. Within 30 Days of Company's receipt of the IE Energy Assessment Report together with the aforementioned supporting data, Company shall provide written notice to Seller of either (aa) the GPR Performance Metric derived from such supporting data or (bb) Company's inability to reasonably derive a GPR Performance Metric from such supporting data, in which case the GPR Performance Metric shall be 0.85.

Upon Commencement of Commercial Operations. If a copy of the IE Energy Assessment Report together with the supporting data (plane of array irradiance and corresponding power output) is not provided to Company in accordance with Section 1(c) (NEP IE Estimate and Company-Designated NEP Estimate) of Attachment U (Calculation and Adjustment of Net Energy Potential), the GPR Performance Metric for the period commencing on the Commercial Operations Date through the end of the calendar month during which the Initial OEPR is issued shall be 0.85. If a copy of the IE Energy Assessment Report together with the supporting data (plane of array irradiance and corresponding power output) is provided to Company in accordance with Section 1(c) (NEP IE Estimate and Company-Designated NEP Estimate) of Attachment U (Calculation and Adjustment of Net Energy Potential), the GPR Performance Metric shall be the GPR set forth in the IE Energy Assessment Report, provided that such GPR is justified by such supporting data and consistent with the manufacturer's minimum irradiance level for production and point of power measurement specified in Section 2.6(a)(ii). In the event that the IE Assessment Report includes the supporting data (plane of array irradiance and corresponding power output) relied upon in arriving at the NEP IE Estimate, but does not set forth a GPR, the GPR Performance Metric shall be calculated using such supporting data and the Measured Performance Ratio formula in Section 2.6(a)(ii) of this Agreement. Within 30 Days of Company's receipt of the IE Energy Assessment Report together with the aforementioned supporting data, Company shall provide written notice to Seller Subscriber Organization of either (aa) the GPR Performance Metric derived from such supporting data or (bb) Company's inability to reasonably derive a GPR Performance Metric from such supporting data, in which case the GPR Performance Metric shall be 0.85.