Common use of Deemed Delivered Energy Clause in Contracts

Deemed Delivered Energy. (a) If, for any reason, other than reasons of a Force Majeure Event or of a curtailment, interruption, or issuance of operational flow orders (OFO) by the delivering pipeline or Local Distribution Company (LDC), Buyer does not receive and use the specified input fuel or receive natural gas at the natural gas taps for the Bloom Systems contemplated in the [***] PPA in amounts, and with quality and pressure, sufficient to permit Buyer to generate Energy at the Baseload Capacity for such Bloom Systems multiplied by [***] or such failure to meet gas delivery requirements causes damage to [***] Confidential Treatment Requested such Bloom Systems requiring repair or replacement of such Bloom Systems, then Seller shall pay to Buyer any lost revenue that Buyer would have received under the [***] PPA for Energy that would have been produced by the Bloom Systems but for the failure to meet the gas delivery requirements for the Bloom Systems (including as a result of damage to the Bloom Systems) (“Deemed Delivered Energy”). Buyer shall invoice Seller for amounts due with respect to such Deemed Delivered Energy with respect to each calendar month at the time that Buyer invoices, or would have invoiced, [***] for such month under the [***] PPA for such Deemed Delivered Energy, and Seller shall pay such invoices within [***] days after receipt of such invoice. If Buyer recovers or receives any payment or reimbursement from the gas supplier or other third party in relation to an above-described event for which Seller makes a payment under this Section 8.11(a), then such amounts shall be promptly paid to Seller. In addition, if any Bloom System contemplated in the [***] PPA is damaged and needs to be repaired or replaced as a result of Buyer not receiving and using the specified input fuel, or as a result of the amount, quality or pressure of the natural gas received, Seller shall repair or replace the Bloom System in accordance with Section 8.3(b) as if the damage gave rise to a Portfolio Warranty claim.

Deemed Delivered Energy. (a) If, for any reason, other than reasons of a Force Majeure Event or of a curtailment, interruption, or issuance of operational flow orders (OFO) by the delivering pipeline or Local Distribution Company (LDC), Buyer Owner does not receive and use the specified input fuel or receive natural gas at the natural gas taps for the Bloom Systems contemplated in the [***] Wal-Mart PPA in amounts, and with quality and pressure, sufficient to permit Buyer Owner to generate Energy at the Baseload Capacity for such Bloom Systems multiplied by [***] 95%, or such failure to meet gas delivery requirements causes damage to [***] Confidential Treatment Requested such Bloom Systems requiring repair or replacement of such Bloom Systems, then Seller Operator shall pay to Buyer Owner any lost revenue that Buyer Owner would have received under the [***] Wal-Mart PPA for Energy that would have been produced by the Bloom Systems but for the failure to meet the gas delivery requirements for the Bloom Systems (including as a result of damage to the Bloom Systems) (“Deemed Delivered Energy”). Buyer Owner shall invoice Seller Operator for amounts due with respect to such Deemed Delivered Energy with respect to each calendar month at the time that Buyer Owner invoices, or would have invoiced, [***] Wal-Mart for such month under the [***] Wal-Mart PPA for such Deemed Delivered Energy, and Seller Operator shall pay such invoices within [***] thirty (30) days after receipt of such invoice. If Buyer Owner recovers or receives any payment or reimbursement from the gas supplier or other third party in relation to an above-described event for which Seller Operator makes a payment under this Section 8.11(a2.19(a), then such amounts shall be promptly paid to SellerOperator. In addition, if any Bloom System contemplated in the [***] Wal-Mart PPA is damaged and needs to be repaired or replaced as a result of Buyer Owner not receiving and using the specified input fuel, or as a result of the amount, quality or pressure of the natural gas received, Seller Operator shall repair or replace the Bloom System in accordance with Section 8.3(b2.5(b) as if the damage gave rise to a Portfolio Facility Service Warranty claim.

Deemed Delivered Energy. (a) If, for any reason, other than reasons of a Force Majeure Event or of a curtailment, interruption, or issuance of operational flow orders (OFO) by the delivering pipeline or Local Distribution Company (LDC), Buyer does not receive and use the specified input fuel or receive natural gas at the natural gas taps for the Bloom Systems contemplated in the [***] Wal-Mart PPA in amounts, and with quality and pressure, sufficient to permit Buyer to generate Energy at the Baseload Capacity for such Bloom Systems multiplied by [***] 95% or such failure to meet gas delivery requirements causes damage to [***] Confidential Treatment Requested such Bloom Systems requiring repair or replacement of such Bloom Systems, then Seller shall pay to Buyer any lost revenue that Buyer would have received under the [***] Wal-Mart PPA for Energy that would have been produced by the Bloom Systems but for the failure to meet the gas delivery requirements for the Bloom Systems (including as a result of damage to the Bloom Systems) (“Deemed Delivered Energy”). Buyer shall invoice Seller for amounts due with respect to such Deemed Delivered Energy with respect to each calendar month at the time that Buyer invoices, or would have invoiced, [***] Wal-Mart for such month under the [***] Wal-Mart PPA for such Deemed Delivered Energy, and Seller shall pay such invoices within [***] thirty days after receipt of such invoice. If Buyer recovers or receives any payment or reimbursement from the gas supplier or other third party in relation to an above-described event for which Seller makes a payment under this Section 8.11(a), then such amounts shall be promptly paid to Seller. In addition, if any Bloom System contemplated in the [***] Wal-Mart PPA is damaged and needs to be repaired or replaced as a result of Buyer not receiving and using the specified input fuel, or as a result of the amount, quality or pressure of the natural gas received, Seller shall repair or replace the Bloom System in accordance with Section 8.3(b) as if the damage gave rise to a Portfolio Warranty claim.

Deemed Delivered Energy. (a) If, for any reason, other than reasons of a Force Majeure Event or of a curtailment, interruption, or issuance of operational flow orders (OFO) by the delivering pipeline or Local Distribution Company (LDC), Buyer Owner does not receive and use the specified input fuel or receive natural gas at the natural gas taps for the Bloom Systems contemplated in the [***] PPA in amounts, and with quality and pressure, sufficient to permit Buyer Owner to generate Energy at the Baseload Capacity for such Bloom Systems multiplied by [***] or such failure to meet gas delivery requirements causes damage to [***] Confidential Treatment Requested such Bloom Systems requiring repair or replacement of such Bloom Systems, then Seller Operator shall pay to Buyer Owner any lost revenue that Buyer Owner would have received under the [***] PPA for Energy that would have been produced by the Bloom Systems but for the failure to meet the gas delivery requirements for the Bloom Systems (including as a result of damage to the Bloom Systems) (“Deemed Delivered Energy”). Buyer Owner shall invoice Seller Operator for amounts due with respect to such Deemed Delivered Energy with respect to each calendar month at the time that Buyer Owner invoices, or would have invoiced, [***] for such month under the [***] PPA for such Deemed Delivered Energy, and Seller Operator shall pay such invoices within [***] days after receipt of such invoice. If Buyer Owner recovers or receives any payment or reimbursement from the gas supplier or other third party in relation to an above-described event for which Seller Operator makes a payment under this Section 8.11(a2.19(a), then such amounts shall be promptly paid to SellerOperator. In addition, if any Bloom System contemplated in the [***] PPA is damaged and needs to be repaired or replaced as a result of Buyer Owner not receiving and using the specified input fuel, or as a result of the amount, quality or pressure of the natural gas received, Seller Operator shall repair or replace the Bloom System in accordance with Section 8.3(b2.5(b) as if the damage gave rise to a Portfolio Facility Service Warranty claim.