Common use of FIXED ENERGY PRICE Clause in Contracts

FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contrary, commencing on the Final Payment Date, as defined in Section 3.2.4 and for the balance of the five (5) year period commencing on the Rate Effective Date, as defined below (the period between the Final Payment Date and the expiration of such five year period being referred to hereinafter as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate Period, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved SRAC methodology described in Section 3.4.1; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 % of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 % of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight adjusted by Time-of-Delivery ("TOD") factors set forth in EDISON's Time-of-Use rate schedule "TOU-0." In the event that the Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as to SELLER will commence on the later of (1) the first day after the last day of the forecast energy payment period or (2) on the Final Payment Date, but in any event, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective Date. Any SELLER not paid in accordance with the "fixed" rate contemplated herein shall be paid for its energy deliveries in accordance with the then-current Commission-approved SRAC and/or the SELLER's Contract. The "

FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contraryContrary, commencing on the Final Payment Datefirst minute of May 1, as defined in Section 3.2.4 2002, and for the balance a period of the five (5) year period commencing on the Rate Effective Date, as defined below years thereafter (the period between the Final Payment Date and the expiration of such five five-year period being referred to hereinafter herein as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate PeriodSELLER, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved Commission- Approved SRAC methodology described in Section 3.4.1Methodology; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason reason, prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however however, that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 75% of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 25% of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight weight-adjusted by Time-of-Delivery ("TOD") factors set forth in EDISON's Time-of-Use rate schedule "TOU-0TOU-8." In the event that the SELLER's Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as rate for energy delivered by SELLER to SELLER will commence on the later of EDISON shall be (1i) the first day after applicable forecast rate provided in the last day Contract through the conclusion of the forecast energy payment period; (ii) from the conclusion of the forecast energy payment period or through the last minute of April 30, 2002, Monthly SRAC, or, if elected by SELLER at the time it executes this Amendment, the Alternative Interim Energy Price; and (2iii) on during the Final Payment Date, but in any eventFixed Rate Period, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective DateRate. Any SELLER not paid the Fixed Rate in accordance with the "fixed" rate contemplated herein place of SRAC under one of the circumstances described in this Section 3.4.2 shall be paid for its energy deliveries in accordance with the then-current Commission- approved SRAC and, if SELLER's Contract provides for a rate other than the Commission-approved SRAC and/or the SRAC, then at such other rate as specified in SELLER's Contract. The ".

FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contrary, commencing on the Final Payment Date, as defined in Section 3.2.4 and for the balance of the five (5) year period commencing on the Rate Effective Date, as defined below (the period between the Final Payment Date and the expiration of such five year period being referred to hereinafter as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate Period, if SELLER's 'S Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved SRAC methodology described in Section 3.4.1; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's 'S Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 % of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 % of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight adjusted by Time-of-of Delivery ("TOD") factors set forth in EDISON's Time-of-Use rate schedule "TOU-0." In the event that the Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as to SELLER will commence on the later of (1) the first day after the last day of the forecast energy payment period or (2) on the Final Payment Date, but in any event, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective Date. Any SELLER not paid in accordance with the "fixed" rate contemplated herein shall be paid for its energy deliveries in accordance with the then-current Commission-approved SRAC and/or the SELLER's 'S Contract. The "

FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contrary, commencing on the Final Payment Date, as defined in Section 3.2.4 and for the balance of the five (5) year period commencing on the Rate Effective Date, as defined below (the period between the Final Payment Date and the expiration of such five year period being referred to hereinafter as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate Period, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved SRAC methodology described in Section 3.4.1; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 % of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 % of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight adjusted by Time-of-Delivery ("TOD") factors set forth in EDISON's Time-of-Use rate schedule "TOU-0XXU-8." In the event that the Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as to SELLER will commence on the later of (1) the first day after the last day of the forecast energy payment period or (2) on the Final Payment Date, but in any event, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective Date. Any SELLER not paid in accordance with the "fixed" rate contemplated herein shall be paid for its energy deliveries in accordance with the then-current Commission-approved SRAC and/or the SELLER's Contract. The "

FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contrary, commencing on the Final Payment Date, as defined in Section 3.2.4 and for the balance of the five (5) year period commencing on the Rate Effective Date, as defined below (the period between the Final Payment Date and the expiration of such five year period being referred to hereinafter as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate Period, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved SRAC methodology described in Section 3.4.1; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 % of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 % of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight adjusted by Time-of-Delivery ("TOD") factors set forth in EDISON's Time-of-Use rate schedule "TOU-0TOX-0." In the event that the Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as to SELLER will commence on the later of (1) the first day after the last day of the forecast energy payment period or (2) on the Final Payment Date, but in any event, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective Date. Any SELLER not paid in accordance with the "fixed" rate contemplated herein shall be paid for its energy deliveries in accordance with the then-current Commission-approved SRAC and/or the SELLER's Contract. The "

FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contraryContrary, commencing on the Final Payment Datefirst minute of May 1, as defined in Section 3.2.4 2002, and for the balance a period of the five (5) year period commencing on the Rate Effective Date, as defined below years thereafter (the period between the Final Payment Date and the expiration of such five five-year period being referred to hereinafter herein as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate PeriodSELLER, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved Approved SRAC methodology described in Section 3.4.1Methodology; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason reason, prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however however, that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 75% of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 25% of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight weight-adjusted by Time-of-Delivery ("TODXXX") factors set forth in EDISON's Time-of-Use rate schedule "TOU-0TOU-8." In the event that the SELLER's Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as rate for energy delivered by SELLER to SELLER will commence on the later of EDISON shall be (1i) the first day after applicable forecast rate provided in the last day Contract through the conclusion of the forecast energy payment period; (ii) from the conclusion of the forecast energy payment period or through the last minute of April 30, 2002, Monthly SRAC, or, if elected by SELLER at the time it executes this Amendment, the Alternative Interim Energy Price; and (2iii) on during the Final Payment Date, but in any eventFixed Rate Period, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective DateRate. Any SELLER not paid the Fixed Rate in accordance with the "fixed" rate contemplated herein place of SRAC under one of the circumstances described in this Section 3.4.2 shall be paid for its energy deliveries in accordance with the then-current Commission-approved SRAC and/or and, if SELLER's Contract provides for a rate other than the Commission-approved SRAC, then at such other rate as specified in SELLER's Contract. The ".

FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contrary, commencing on the Final Payment Date, as defined in Section 3.2.4 and for the balance of the five (5) year period commencing on the Rate Effective Date, as defined below (the period between the Final Payment Date and the expiration of such five year period being referred to hereinafter as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate Period, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved SRAC methodology described in Section 3.4.1; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 % of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 % of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight adjusted by Time-of-Delivery ("TOD") factors set forth in EDISON's Time-of-Use rate schedule "TOU-0." In the event that the Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as to SELLER will commence on the later of (1) the first day after the last day of the forecast energy payment period or (2) on the Final Payment Date, but in any event, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective Date. Any SELLER not paid in accordance with the "fixed" rate contemplated herein shall be paid for its energy deliveries in accordance with the then-current Commission-approved SRAC and/or the SELLER's Contract. The "SRAC

FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contrary, commencing on the Final Payment Date, as defined in Section 3.2.4 and for the balance of the five (5) year period commencing on the Rate Effective Date, as defined below (the period between the Final Payment Date and the expiration of such five year period being referred to hereinafter as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate Period, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved SRAC methodology described in Section 3.4.1; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 75% of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 % of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight adjusted by Time-of-Delivery ("TODXXX") factors set forth in EDISON's Time-of-Use use rate schedule "TOU-0T0U-8." In the event that the Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as to SELLER will commence on the later of (1l) the first day after the last day of the forecast energy payment period or (2) on the Final Payment Date, but in any event, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective Date. Any SELLER not paid in accordance with the "fixed" rate contemplated herein shall be paid for its energy deliveries in accordance with the then-current Commission-approved SRAC and/or the SELLER's Contract. The "

FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contraryContrary, commencing on the Final Payment Datefirst minute of May 1, as defined in Section 3.2.4 2002, and for the balance a period of the five (5) year period commencing on the Rate Effective Date, as defined below years thereafter (the period between the Final Payment Date and the expiration of such five five-year period being referred to hereinafter herein as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate PeriodSELLER, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved Approved SRAC methodology described in Section 3.4.1Methodology; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason reason, prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however however, that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 75% of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 25% of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight weight-adjusted by Time-of-Delivery ("TOD") factors set forth in EDISON's Time-of-Use rate schedule schedxxx "TOU-0TOU-8." In the event that the SELLER's Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as rate for energy delivered by SELLER to SELLER will commence on the later of EDISON shall be (1i) the first day after applicable forecast rate provided in the last day Contract through the conclusion of the forecast energy payment period; (ii) from the conclusion of the forecast energy payment period or through the last minute of April 30, 2002, Monthly SRAC, or, if elected by SELLER at the time it executes this Amendment, the Alternative Interim Energy Price; and (2iii) on during the Final Payment Date, but in any eventFixed Rate Period, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective DateRate. Any SELLER not paid the Fixed Rate in accordance with the "fixed" rate contemplated herein place of SRAC under one of the circumstances described in this Section 3.4.2 shall be paid for its energy deliveries in accordance with the then-current Commission-approved SRAC and/or and, if SELLER's Contract provides for a rate other than the Commission-approved SRAC, then at such other rate as specified in SELLER's Contract. The ".