Minimum Energy Dispatch Requirements. Seller shall comply with the energy dispatch requirements set forth on Exhibit E, “Minimum Energy Dispatch Requirements”. Concurrently with the submission of its final invoice under this Agreement pursuant to Section 4.2(a), (or earlier, if Seller has received sufficient Revenue Quality Meter Data), Seller shall submit to Buyer documentation showing CAISO settlements for the delivery of the Required Energy Quantity, as calculated in accordance with Exhibit E and Section 1.7(c) below. Seller may omit price and revenue data from the documentation submitted under this Section 1.7(b). If Seller fails to meet any of the requirements of Sections 1.7(a) and (b) above, Seller shall pay to Buyer an “Undelivered Energy Penalty” equal to: $10,000/MW × AQC × (1 – DEQ/REQ) Where: AQC = the average Qualifying Capacity (in MW) for each of the three highest Showing Months on the month-ahead Supply Plans delivered hereunder DEQ = the cumulative energy delivered by the applicable aggregate resources during the contracted Showing Months and during the Availability Assessment Hours REQ = 30 MWh × AQC The Undelivered Energy Penalty may be netted by Buyer against amounts that would otherwise be due to Seller under this Agreement. Seller’s payment of the Undelivered Energy Penalty shall be secured by the Performance Assurance as specified in Article 5.
Appears in 5 contracts
Samples: Resource Purchase Agreement, Resource Purchase Agreement, Resource Purchase Agreement
