Energy Sales Clause Samples

Energy Sales. Energy Sales for the month ending /20xx (kWh) at Load Level (X) (i) 50% ≤ X < 55% (ii) 55% ≤ X < 60% (iii) 60% ≤ X < 65%

Energy Sales. With respect to each Transaction, Customer will receive its full energy requirements at the Facilities that are subject to such Transaction from the applicable Utility unless EESI chooses to supply all or part of such energy requirements to such Facilities itself as a Competitive Supplier ("Energy Sales Option"). If EESI chooses to supply energy to Customer, EESI will notify Customer in writing of such decision (an “Option Exercise Notice”), which notice will state the Contract Quantity and Delivery Term. If the Contract Quantity is less than Customer’s full energy requirements, Customer will receive the balance of the full energy requirements of such Facility from the applicable Utility. Upon exercise of an Energy Sales Option, EESI will sell and deliver to Customer, and Customer will purchase and receive from EESI, on the terms and conditions set forth on Schedule 1.0, the Contract Quantity for the Delivery Term. Upon completion of the Delivery Term, Customer will receive its energy supply for the applicable Facility from the applicable Utility unless and until EESI exercises another Energy Sales Option. EESI will be responsible for any fees imposed by a Utility on account of such changes. In no event will the exercise of an Energy Sales Option affect the EESI Energy Price under the applicable Transaction. Notwithstanding the above, EESI’s ability to elect an Energy Sales Option shall be subject to the terms and conditions of any applicable Initial Utility Power Agreement.

Energy Sales. Energy Sales for the month ending /20xx (kWh) at Load Level (X) (i) 50% ≤ X < 55% (ii) 55% ≤ X < 60% (iii) 60% ≤ X < 65% (iv) 65% ≤ X < 70% (v) 70% ≤ X < 75% (vi) 75% ≤ X < 80% (vii) 80% ≤ X < 85% (viii) 85% ≤ X < 90% (ix) 90% ≤ X < 95% (x) 95% ≤ X < 100% Energy Charge Start –Ups Immediate Start-Ups Hot Start-Ups Warm Start-Ups Cold Start-Ups Start-Up Charge Sub Total Sales Taxes Reimbursements Reimbursable Taxes Any other (please specify) Total Due (US$) .......................................... .............................................. Adjustments to Operations Security • Clause 4.4 foresees that the Parties agree on a standard form report during the construction phase. • Such a standard report may be tailored (taking into account the specifics of the Plant) and added to this schedule in order to allow the Purchaser to monitor the construction progress in a standardized form. • If this is not required reference to this schedule in Clause 4.4.1.1 should be deleted. Part A - Seller Conditions Precedent Part B - Purchaser Conditions Precedent • All or specific consents and permits having been obtained; • All or specific insurance coverage having been obtained; • The meeting of financial milestones or financial closure; • Entering into force of additional agreements such as security and/or loan agreements and/or other project related documents; • Obtaining of legal opinions confirming the authority and capacity of the parties/signatories to enter into the agreement; • Provision of board resolutions related to the entering into the agreement (if necessary); • Provision of constitutive documents of the Seller; • If necessary, the adoption of any formal governmental acts that are required for the government entity involved to enter into the agreement; • Entering into a fuel supply agreement and other similar agreements related to the fuel supply and ability of the Seller to provide fuel as needed.

Energy Sales. From time to time during the Contract Term, EESI may, at its discretion, elect to have some or all of Customer's Energy requirements supplied by the Utility. Customer will receive its full Energy requirements for the Accounts from the Utility unless EESI chooses to supply all or part of such Energy requirements to Customer itself as a Competitive Supplier ("Energy Sales Option"). If EESI chooses to supply Energy to Customer, EESI will notify Customer in writing of such decision (an "Option Exercise Notice"), which notice will state the Contract Quantity and Delivery Term. If the Contract Quantity is less than Customer’s full Energy requirements for the Accounts, Customer will receive the balance of its full Energy requirements for the Accounts from the Utility. Upon exercise of an Energy Sales Option, EESI will deliver to Customer, and Customer will receive from EESI, on the terms and conditions set forth on Schedule 1.0, the Contract Quantity for the Delivery Term. Upon completion of the Delivery Term, Customer will receive its Energy supply from the Utility unless and until EESI exercises another Energy Sales Option. EESI will be responsible for any fees imposed by the Utility on account of such changes. Notwithstanding the foregoing, and regardless of whether Customer's Energy requirements for the Accounts are being supplied by EESI or by the Utility, (A) in no event will the exercise of an Energy Sales Option change the EESI Energy Price; and (B) nothing herein shall prohibit Customer from entering into negotiations, discussions or agreements with any other party regarding (i) Customer's satisfaction of the renewable Energy component of its Request For Proposals For Electric Supply Service Issued by The Local Government Electric Power Alliance dated July 2000, (ii) the City of Chicago's capacity interest in the Calumet Energy Team, L.L.C's natural gas power plant, or (iii) other Accounts not covered by this Agreement; and (C) EESI shall pay all exit and entry fees and penalties imposed by the Utility, if any, for switching Customer from and to the Utility.

Energy Sales. To the extent appropriate in accordance with Good Utility Practice, the Office of the Interconnection may sell energy to a Control Area interconnected with the PJM Region as necessary to alleviate or end an Emergency in that interconnected Control Area. Such sales shall be made (i) only to Control Areas that have undertaken a commitment pursuant to a written agreement with the LLC to sell energy on a comparable basis to the PJM Region, and (ii) only to the extent consistent with the maintenance of reliability in the PJM Region. The Office of the Interconnection may decline to make such sales to a Control Area that the Office of the Interconnection determines does not have in place and implement Emergency procedures that are comparable to those followed in the PJM Region. If the Office of the Interconnection sells energy to an interconnected Control Area as necessary to alleviate or end an Emergency in that Control Area, such energy shall be sold at 150% of the Real-time Price at the bus or buses at the border of the PJM Region at which such energy is delivered.