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 weather profile relied upon in arriving at the NEP IE Estimate is not provided to Company, the GPR Benchmark 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 0.9. If a copy of the IE Energy Assessment Report together with the supporting data (plane of array irradiance and corresponding power output) relied upon in arriving at the NEP IE Estimate is provided to Company, the GPR Benchmark 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 Benchmark derived from such supporting data or (bb) Company's inability to reasonably derive a GPR Benchmark from such supporting data, in which case the GPR Benchmark shall be 0.9.

Upon Commencement of Commercial Operations. If a copy of the IE Energy Assessment Report together with the weather profile relied upon in arriving at the NEP IE Estimate is not provided to Company, the GPR Benchmark 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 0.9. If a copy of the IE Energy Assessment Report together with the supporting data (plane of array irradiance and corresponding power output) relied upon in arriving at the NEP IE Estimate is provided to Company, the GPR Benchmark 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 Benchmark derived from such supporting data or (bb) Company's inability to reasonably derive a GPR Benchmark from such supporting data, in which case the GPR Benchmark shall be 0.9.0.9.‌‌‌