Common use of Development Security Clause in Contracts

Development Security. If Seller is required to post Development Security, Seller shall post such Development Security in accordance with the following terms and conditions: Seller shall post a development fee (the “Development Security”) in the amount of $20 per kW of Net Contract Capacity on or before the 30th day following the Effective Date. Seller shall post additional Development Security in the amount of $40 per kW of Net Contract Capacity (for a total posted amount of $60 per kW of Development Security) at the end of the 18th month following the Effective Date. The Development Security shall be held by Buyer and shall be in the form of either a cash deposit or a Letter of Credit; and If Seller establishes the Development Security by means of a Letter of Credit, such Letter of Credit shall be substantially in the form of Exhibit P. Forfeiture of Development Security for Failure to Commence Term by the Term Start Date; Extension of the Term Start Date. Failure to Meet the Term Start Date. Subject to Seller’s right to extend the Term Start Date as provided in Section 4(c)(ii) of this Exhibit F or as a result of a Force Majeure as to which Seller is the Claiming Party (subject to Section 5.03), if the Term does not commence on or before the Term Start Date, Buyer may retain the entire Development Security (if applicable) and, if not already terminated, terminate this Agreement, and neither Party shall have liability for damages for failure to deliver or purchase the Product after the effective date of such termination.

Development Security. If Seller is required to post Development Security, Seller shall post such Development Security in accordance with the following terms and conditions: Seller shall post a development fee (the “Development Security”) in the amount of $20 per kW of Net the As-Available Contract Capacity on or before the 30th day following the Effective Date. Seller shall post additional Development Security in the amount of $40 per kW of Net the As-Available Contract Capacity (for a total posted amount of $60 per kW of Development Security) at the end of the 18th month following the Effective Date. The Development Security shall be held by Buyer and shall be in the form of either a cash deposit or a Letter of Credit; and If Seller establishes the Development Security by means of a Letter of Credit, such Letter of Credit shall be substantially in the form of Exhibit P. Forfeiture of Development Security for Failure to Commence Term by the Term Start Date; Extension of the Term Start Date. Failure to Meet the Term Start Date. Subject to Seller’s right to extend the Term Start Date as provided in Section 4(c)(ii) of this Exhibit F or as a result of a Force Majeure as to which Seller is the Claiming Party (subject to Section 5.03), if the Term does not commence on or before the Term Start Date, Buyer may retain the entire Development Security (if applicable) and, if not already terminated, terminate this Agreement, and neither Party shall have liability for damages for failure to deliver or purchase the Product after the effective date of such termination.

Development Security. If Seller is required to post Development Security, Seller shall post such Development Security in accordance with the following terms and conditions: Seller shall post a development fee (the “Development Security”) in the amount of $20 45 per kW of Net Contract Capacity on or before the 30th thirtieth (30th) day following the Effective Date. Seller shall post additional Development Security in the amount of $40 45 per kW of Net Contract Capacity (for a total posted amount of $60 90 per kW of Development Security) at the end of the 18th month following the Effective Datewithin thirty (30) days after CPUC Approval is obtained or waived by Buyer in its sole discretion. The Development Security shall be held by Buyer and shall be in the form of either a cash deposit or a Letter of Credit; and If Seller establishes the Development Security by means of a Letter of Credit, such Letter of Credit shall be substantially in the form of Exhibit P. Forfeiture of Development Security for Failure to Commence Term by the Term Start Date; Extension of the Term Start Date. Failure to Meet the Term Start Date. Subject to Seller’s right to extend the Term Start Date as provided in Section 4(c)(ii) of this Exhibit F or as a result of a Force Majeure as to which Seller is the Claiming Party (subject to Section 5.03), if the Term does not commence on or before the Term Start Date, Buyer may retain the entire Development Security (if applicable) and, if not already terminated, terminate this Agreement, and neither Party shall have liability for damages for failure to deliver or purchase the Product after the effective date of such termination.