Common use of Estimated Production Clause in Contracts

Estimated Production. If (i) the System is shut down for more than seven (7) full twenty-four (24) hour days cumulatively during the Term because of your actions; (ii) you take some action that significantly reduces the output of the System; (iii) you don’t trim your bushes or trees to their appearance when you signed this PPA to avoid foliage growth from shading the System; or (iv) your System is not reporting production to [Provider] (e.g. you have disconnected the [Monitoring System Name] system or [[the internet]] connection at your Home goes down on the reporting day), then [Provider] will reasonably estimate the amount of power that would have been delivered to you during such System or reporting outages or reduced production periods (“Estimated Production”) and shall consider Estimated Production as actual production for purposes of this paragraph. In the first year of the Term, Estimated Production will be based on our production projections. [[After the first year of the Term, Estimated Production will be based on historical production for that month in the prior year.]] If we xxxx you for Estimated Production because your System is not reporting production to [Provider], and we subsequently determine that we have either overestimated or underestimated the actual production, then we will adjust the next xxxx downward (to refund overbilling) or upward (to make up for lost billing). You will not be charged for Estimated Production when the System is not producing electricity due to [Provider’s] fault, or if it’s due to grid failure or power outages caused by someone other than you. [[PROVIDER DOES NOT WARRANT OR GUARANTEE THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD OR THAT YOU WILL REALIZE ANY SAVINGS AS COMPARED TO THE COSTS OF PURCHASING YOUR POWER FROM THE LOCAL UTILITY.]]

Estimated Production. If (i) the System is shut down for more than seven (7) full twenty-four (24) hour days cumulatively during the Term because of your actions; (ii) you take some action that significantly reduces the output of the System; (iii) you don’t trim your bushes or trees to their appearance when you signed this PPA to avoid foliage growth from shading the System; or (iv) your System is not reporting production to [Provider] (e.g. you have disconnected the [Monitoring System Name] system or [[the internet]] connection internet]]connection at your Home goes down on the reporting day), then [Provider] will reasonably estimate the amount of power that would have been delivered to you during such System or reporting outages or reduced production periods (“Estimated Production”) and shall consider Estimated Production as actual production for purposes of this paragraph. In the first year of the Term, Estimated Production will be based on our production projections. [[After the first year of the Term, Estimated Production will be based on historical production for that month in the prior year.]] If we xxxx bill you for Estimated Production because your System is not reporting production to [Provider], and we subsequently determine that we have either overestimated or underestimated the actual production, then we will adjust the next xxxx bill downward (to refund overbilling) or upward (to make up for lost billing). You will not be charged for Estimated Production when the System is not producing electricity due to [Provider’s] fault, or if it’s due to grid failure or power outages caused by someone other than you. [[PROVIDER DOES NOT WARRANT OR GUARANTEE THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD OR THAT YOU WILL REALIZE ANY SAVINGS AS COMPARED TO THE COSTS OF PURCHASING YOUR POWER FROM THE LOCAL UTILITY.]]

Estimated Production. If (i) the System is shut down for more than seven (7) full twenty-four (24) hour days cumulatively during the Term because of your actions; (ii) you take some action that significantly reduces the output of the System; (iii) you don’t trim your bushes or trees to their appearance when you signed this PPA to avoid foliage growth from shading the System; or (iv) your System is not reporting production to [Provider] (e.g. you have disconnected the [Monitoring System Name] system or [[the internet]] connection internet]]connection at your Home goes down on the reporting day), then [Provider] will reasonably estimate the amount of power that would have been delivered to you during such System or reporting outages or reduced production periods (“Estimated Production”) and shall consider Estimated Production as actual production for purposes of this paragraph. In the first year of the Term, Estimated Production will be based on our production projections. [[After the first year of the Term, Estimated Production will be based on historical production for that month in the prior year.]] If we xxxx you for Estimated Production because your System is not reporting production to [Provider], and we subsequently determine that we have either overestimated or underestimated the actual production, then we will adjust the next xxxx downward (to refund overbilling) or upward (to make up for lost billing). You will not be charged for Estimated Production when the System is not producing electricity due to [Provider’s] fault, or if it’s due to grid failure or power outages caused by someone other than you. [[PROVIDER DOES NOT WARRANT OR GUARANTEE THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD OR THAT YOU WILL REALIZE ANY SAVINGS AS COMPARED TO THE COSTS OF PURCHASING YOUR POWER FROM THE LOCAL UTILITY.]]

Estimated Production. If (i) the System is shut down for more than seven (7) full twenty-four (24) hour days cumulatively during the Term because of your actions; (ii) you take some any action that significantly reduces the output of the System; (iii) you don’t trim the appearance of your bushes or trees to their appearance when have changed since you signed this PPA to avoid Agreement and foliage growth from shading has caused the SystemSystem to be shaded; or (iv) your System is not reporting production to [Provider] Solar Provider (e.g. you have disconnected the [Monitoring System Name] monitoring system or [[the internet]] internet connection at your Home goes down on the reporting day), then [Provider] Solar Provider will reasonably estimate the amount of power that would have been delivered to you during such System or reporting outages or reduced production periods (“Estimated Production”) and shall consider Estimated Production as actual production for purposes of this paragraph. In the first year of the Term, Estimated Production will be based on our production projections. [[After the first year of the Term, Estimated Production will be based on historical production for that month in the prior year.]] years. If we xxxx bill you for Estimated Production because your System is not reporting production to [Solar Provider], and we subsequently determine that we have either overestimated or underestimated the actual production, then we will adjust the next xxxx bill downward (to refund overbilling) or upward (to make up for lost billing). You will not be charged for Estimated Production when the System is not producing electricity due to [Solar Provider’s] ’s fault, or if it’s it is due to grid failure or power outages caused by someone other than you. [[SOLAR PROVIDER DOES NOT WARRANT OR GUARANTEE THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD OR THAT YOU WILL REALIZE ANY SAVINGS AS COMPARED TO THE COSTS OF PURCHASING YOUR POWER FROM THE LOCAL UTILITY.]]

Estimated Production. If (i) you knowingly shut down the System is shut down for more than seven one hundred twenty (7120) full twenty-four (24) hour days cumulatively hours during a given year during the Term because of your actions(measured commencing with the Interconnection Date) for purposes not covered by the Limited Warranty; (ii) you take some action that significantly reduces there is a material reduction in the energy output of the SystemSystem due to your gross negligence or willful misconduct; (iii) you don’t trim your bushes or trees to their appearance when you signed this PPA to avoid foliage growth from shading the System[intentionally deleted]; or (iv) your System is not reporting production to [Provider] Provider due to your act or omission (e.g. you have disconnected the [Monitoring System Name] system Internet connection or [[the internet]] connection at your Home goes down on the reporting daycellular function discussed in Section 4(a)(x) below), then [Provider] Provider will reasonably estimate the amount of power that would have been delivered to you during such System or reporting outages or reduced production periods (“Estimated Production”) and shall consider Estimated Production as actual production for purposes of this paragraph. In the first year of the Term, Estimated Production will be based on our production projections. [[After the first year of the Term, Estimated Production will be based on historical production for that month in the prior year.]] If we xxxx bill you for Estimated Production because your System is not reporting production Production, you may object to [Provider]all or a portion of such bill, and we the Parties agree to work in good faith to resolve the dispute. If it is subsequently determine determined or agreed that we have either overestimated or underestimated the actual production, then we will adjust the next xxxx bill downward (to refund overbilling) or upward (to make up for lost billing). You Notwithstanding anything to the contrary in this PPA, you will not be charged for Estimated Production or otherwise be responsible for lost power production except as provided in this Section 3(d). For clarity, you will not be charged for Estimated Production or be responsible for lost power production when the System is not producing electricity or is experiencing reduced production due to [Provider’s] fault’s repair or maintenance of the System pursuant to the Limited Warranty, Provider’s fault (whether intentional or not), or if it’s due to grid failure or power outages or other cause or event caused by someone other than you. [[PROVIDER DOES NOT WARRANT OR GUARANTEE THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD OR THAT YOU WILL REALIZE ANY SAVINGS AS COMPARED TO THE COSTS OF PURCHASING YOUR POWER FROM THE LOCAL UTILITY.]]