Common use of Article Four Clause in Contracts

Article Four. Section 4.1 (a) “Contract Price” is superseded by the following: The Contract Price for each MWh of Product as measured by Delivered Energy in each Contract Year is set forth in Section C of the Cover Sheet. If the Fuel Switching provision in Section 3.10(d) has been invoked, the Contract Price shall be revised to the Amended Price for the remainder of the Delivery Term. If the State of Emergency remains in effect, and if Seller has chosen the 5 year Delivery Term (without Extension Option), Seller has a one-time option after the Fuel Switching Effective Date to revert from Amended Price to Contract Price. Seller must provide Quarterly Fuel Attestations for the prior calendar year by January 30 which demonstrates it has met the prior year’s Minimum Percentage. If Seller has demonstrated it has met the prior year’s Minimum Percentage, then payment for that calendar year will be adjusted as described in Section 6.4, and payments for the current and future years will be at the Contract Price as long as Project’s High Hazard Fuel Use meets Minimum Percentage requirements. If Seller fails to meet Minimum High Hazard Fuel Requirements and the Fuel Switching provision in Section 3.10(d) has been invoked a second time, the Contract Price shall be revised to the Amended Price for the remainder of the Delivery Term.