Common use of Buyer’s Election of Demonstration Method Clause in Contracts

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement. *** End of Appendix J *** [The following Appendix J applies ONLY to Facilitieswith a Nameplate Capacity greater than three megawatts] APPENDIX J – PROCEDURE FOR DEMONSTRATION OF CONTRACT CAPACITY AND NAMEPLATE CAPACITY

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement. *** End of Appendix J *** [The following Appendix J applies ONLY to Facilitieswith a Nameplate Capacity greater than three megawatts] APPENDIX J – PROCEDURE FOR DEMONSTRATION OF CONTRACT CAPACITY AND NAMEPLATE CAPACITYCAPACITY [The following Appendix J applies ONLY to Facilities with a Nameplate Capacity greater than three megawatts]

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement. *** End of Appendix J *** [The following Appendix J applies ONLY to Facilitieswith a Nameplate Capacity greater than three megawattsFacilities that are eligible pursuant to Assembly Bill No. 1923] APPENDIX J – PROCEDURE FOR DEMONSTRATION OF CONTRACT CAPACITY AND NAMEPLATE CAPACITY