Common use of Estimated Production Clause in Contracts

Estimated Production. If (i) the System is shut down for more than seven (7) full twenty-four (24) hour days cumulatively during the Term because of your actions; or (ii) you take some action that significantly reduces the output of the System; (iii) you don’t trim your bushes or trees to their appearance when you signed this PPA to avoid foliage growth from shading the DocuSign Envelope ID: 75FA33CD-2AFC-468A-A9C8-5772A512EE1E System; or (iv) your System is not reporting production to SolarCity (e.g. you have disconnected the PowerGuide system or the internet connection at your Home goes down on the reporting day), then SolarCity will reasonably estimate the amount of power that would have been delivered to you during such System or reporting outages or reduced production periods (“Estimated Production”) and shall consider Estimated Production as actual production for purposes of this paragraph. In the first year of the Term, Estimated Production will be based on our production projections. After the first year of the Term, Estimated Production will be based on historical production for that month in the prior year. If we ▇▇▇▇ you for Estimated Production because your System is not reporting production to SolarCity, and we subsequently determine that we have either overestimated or underestimated the actual production, then we will adjust the next ▇▇▇▇ downward (to refund overbilling) or upward (to make up for lost billing). You will not be charged for Estimated Production when the System is not producing electricity due to SolarCity’s fault, or if it’s due to grid failure or power outages caused by someone other than you.

Estimated Production. If (i) the System is shut down for more than seven (7) full twenty-four (24) hour days cumulatively during the Term because of your actions; or (ii) you take some action that significantly reduces the output of the System; (iii) you don’t trim your bushes or trees to their appearance when you signed this PPA to avoid foliage growth from shading the DocuSign Envelope ID: 75FA33CD-2AFC-468AF58FCC3E-9F19-A9C84335-5772A512EE1E A9A8-6A2B857BF297 System; or (iv) your System is not reporting production to SolarCity (e.g. you have disconnected the PowerGuide system or the internet connection at your Home goes down on the reporting day), then SolarCity will reasonably estimate the amount of power that would have been delivered to you during such System or reporting outages or reduced production periods (“Estimated Production”) and shall consider Estimated Production as actual production for purposes of this paragraph. In the first year of the Term, Estimated Production will be based on our production projections. After the first year of the Term, Estimated Production will be based on historical production for that month in the prior year. If we ▇▇▇▇ you for Estimated Production because your System is not reporting production to SolarCity, and we subsequently determine that we have either overestimated or underestimated the actual production, then we will adjust the next ▇▇▇▇ downward (to refund overbilling) or upward (to make up for lost billing). You will not be charged for Estimated Production when the System is not producing electricity due to SolarCity’s fault, or if it’s due to grid failure or power outages caused by someone other than you.