Common use of Obligation to Pay Clause in Contracts

Obligation to Pay. For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment Adjustments. Buyer shall adjust each Monthly Contract Payment to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit G; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.02; The agreement of the Parties that Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After the Term End Date, Buyer shall invoice Seller for all payment adjustments within 60 days of Buyer’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement).

Obligation to Pay. For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment Adjustments. Buyer shall adjust each Monthly Contract Payment to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit G; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.02; The agreement of the Parties that Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any and Any payment adjustments provided for to determine Buyer’s payment to Seller for GHG Compliance Costs and GHG Charges under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailmentsSRAC. Unless otherwise required in SRAC, as set forth in Exhibit U. During during the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless adjustments. Unless otherwise provided for required in Exhibit SSRAC, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After after the Term End Date, Buyer shall invoice Seller for all payment adjustments within 60 days of Buyer’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustments.

Obligation to Pay. For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. C. Payment Adjustments. Buyer shall adjust each Monthly Contract Payment to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit GE; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast penalties owed by Seller to BuyerAdjustment or SDD Administrative Charge, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit MH; Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.02; and The agreement of the Parties that Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed one hundred and twenty percent (120% %) of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. . During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment. After the Term End Date, Buyer shall invoice Seller for all any payment adjustments within 60 sixty (60) days of Buyer’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment.

Obligation to Pay. For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment Adjustments. Buyer shall adjust each Monthly Contract Payment to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit G; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast payment reductions or penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges or other charges owed by Seller to Buyer, in each case, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L[Intentionally Omitted]; Any SC Trade Settlement Amount owed by either Party RA Deficit Payments pursuant to the other Party, as set forth in Exhibit MSection 3.02(d); Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.028.2; The agreement of the Parties that Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. . During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a thirty (30-) day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment. After the Term End DateDate and, if applicable, after the end of the Curtailed Return Term, Buyer shall invoice Seller for all any payment adjustments within 60 sixty (60) days of Buyer’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment. Payment Statement and Payment.

Obligation to Pay. For Seller’s full compensation under this Agreement, during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”) calculated in accordance with Exhibit D. Payment Adjustments. Buyer shall adjust each Monthly Contract Payment to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit G; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast payment reductions or penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges or other charges owed by Seller to Buyer, in each case, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L[Intentionally Omitted]; Any SC Trade Settlement Amount owed by either Party RA Deficit Payments pursuant to the other Party, as set forth in Exhibit MSection 3.02(d); Any payment adjustments (including adjustments to CAISO Charges) provided for under this Agreement; Any Governmental Charges owed by either Party to the other Party, as set forth in Section 8.02; The agreement of the Parties that Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. . During the Term, any payment adjustments will be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after the expiration of a thirty (30-) day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment. After the Term End DateDate and, if applicable, after the end of the Curtailed Return Term, Buyer shall invoice Seller for all any payment adjustments within 60 sixty (60) days of Buyer’s receipt of all of the information required in order to calculate the payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)adjustment.

Obligation to Pay. For Seller’s full compensation under this Agreement, Agreement during the Term, Buyer shall make a monthly payment (a “Monthly Contract Payment”): (a) calculated pursuant to Exhibit C to this Agreement for Sellers who have interconnected the Generating Facility pursuant to a non-FERC jurisdictional interconnection tariff and (b) if the Generating Facility is interconnected pursuant to a WDAT or the CAISO Tariff, and Seller is able to commence the Term Start Date and begin energy deliveries, but is not yet able to provide Resource Adequacy Benefits in compliance with all CPUC and CAISO requirements, then, the Monthly Contract Payment for the Power Product shall be calculated in accordance with Exhibit D. the Applicable QF 20MW Settlement Contract Payment Adjustments. Provisions with Seller being paid the short run avoided cost rate for energy and as- available capacity applicable under the Applicable QF 20MW Settlement Contract Payment Provisions until the first day of the month following the date that Seller notifies Buyer shall adjust each that the Generating Facility is able to be counted for resource adequacy purposes and is able to provide Resource Adequacy Benefits in compliance with all CPUC and CAISO requirements, at which time the Monthly Contract Payment for the Power Product shall be calculated pursuant to Seller to account for: Scheduling Fees owed by Seller to Buyer, as set forth in Exhibit G; Any SDD Adjustment, as set forth in Exhibit K; Any Forecast penalties owed by Seller to Buyer, as set forth in Exhibit I; Any CAISO Charges owed by Seller to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the other Party, as set forth in Exhibit M; Any payment adjustments (including adjustments to CAISO Charges) provided for under C of this Agreement; Any Governmental Charges owed . Seller acknowledges and agrees that so long as the Monthly Contract Payment is determined in accordance with the Applicable QF 20MW Settlement Contract Payment Provisions, Seller shall be obligated to comply with and be bound by either Party all such Applicable QF 20MW Settlement Contract Payment Provisions and such Applicable QF 20MW Settlement Contract Payment Provisions shall be deemed to the other Party, as set forth in Section 8.02; The agreement be terms of the Parties that this Agreement. Seller agrees to notify Buyer shall when Seller is able to have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility counted for resource adequacy purposes and provide Resource Adequacy Benefits in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(dcompliance with all CPUC and CAISO requirements within five (5) provides that Buyer has assumed some or all Business Days of the GHG Compliance Costs under occurrence thereof. Notwithstanding anything to the contrary in this Agreement, if during an applicable QF Settlement Contract Payment Period any payment adjustments provided for is required under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, provisions of this Agreement which is duplicative of any payment adjustments will required under the QF 20MW Settlement Contract, the payment shall be added to or deducted from a subsequent regular Monthly Contract Payment that is made by Buyer to Seller after calculated and determined in accordance with the expiration of a 30-day period which begins upon Xxxxx’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement). After the Term End Date, Buyer shall invoice Seller for all payment adjustments within 60 days of Buyer’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement)QF 20MW Settlement Contract.

Obligation to Pay. For Seller’s full compensation under Subject to the provisions of Article IX, the Lessee agrees to pay the Lessor, its successors, and assigns, for the right of use, acquisition and purchase of Property, the sum obtained by adding the Rent Payments (denominated into components of principal and interest) in the amounts equal to the principal and interest due on the Certificate issued pursuant to the Trust Indenture, which such Certificate may be delivered in one installment, provided, however, and except as provided in this AgreementLease, during including Section 4.7, such Rent Payments shall not exceed the Term, Buyer amounts specified in Exhibit B hereto. Each Rent Payment shall make a monthly be made by the Lessee directly to the Trustee on or before the day prior to the scheduled date of payment (a “Monthly Contract Payment”) calculated of the components of principal and interest due to be made with respect to the Certificate. Each Rent Payment shall be made in accordance with Exhibit D. the terms of Section 4.4 hereof. Any amount held in the Rent Payment AdjustmentsFund on any date when a Rent Payment is required to be made shall be credited towards the Rent Payment then due and payable; and no Rent Payment need be made by the Lessee into the Rent Payment Fund on any such date if the amounts then held in the Rent Payment Fund are at least equal to the Rent Payment then required to be paid. Buyer The Lessee hereby covenants to establish and maintain with respect to the Lease, a special interest and sinking fund to be denoted the "Rent Payment Fund", established pursuant to Section 5.02 of the Indenture, solely for the benefit of such Lease with the Trustee. The Rent Payment Fund shall adjust be kept separate and apart from all other funds and accounts of the Lessee and held in trust for the benefit of Owners of the Certificate, and shall be used only for paying the Rent Payments. All ad valorem taxes levied and collected for the purpose of making such Rent Payments shall be deposited, just prior to the payment of interest to be paid to the Lessor pursuant to each Monthly Contract Payment Lease. The obligation of the Lessee to Seller make the Rent Payments is absolute and unconditional and is not subject to account for: Scheduling Fees owed by Seller abatement or set-off. There shall annually be assessed, levied, and collected upon all taxable property in Lessee, in addition to Buyerall other taxes, a tax which will be sufficient to raise and produce the money required to pay the interest component of the Rent Payments as such interest component comes due and to provide and maintain a sinking fund adequate to pay the principal component of the Rent Payments as such principal component matures, pursuant to Section 6-15A-6 of the Act, as set forth in Exhibit G; Any SDD Adjustmentthe same becomes due and payable, without limit as set forth in Exhibit K; Any Forecast penalties owed to rate or amount. The Board of Education of Lessee ("Board of Education") shall establish adequate budgetary provision, approved by Seller the New Mexico Public Education Department, to Buyerpromptly pay as it becomes due, as set forth in Exhibit I; Any CAISO Charges owed by Seller all Rent Payments. This Section is hereby declared to Buyer, as set forth in Exhibit J; Any Physical Trade Settlement Amount owed by either Party be the certificate to the other PartyCounty Commissioners of the Counties of Xxxx Xxx and Xxxxx, New Mexico as set forth in Exhibit L; Any SC Trade Settlement Amount owed by either Party to the amount of taxes necessary to be levied for the purposes herein stated. Said tax shall annually be assessed, levied and collected at the same time and in the same manner as other Partytaxes are assessed and collected, but nothing herein contained shall be construed as set forth in Exhibit M; Any payment adjustments (including adjustments to CAISO Charges) provided prevent Lessee or the officers thereof from applying any other funds available for under this Agreement; Any Governmental Charges owed by either Party that purpose to the other Partypayment of said Rent Payments as the same respectively mature and become due, as set forth in Section 8.02; and upon such payments, the levies herein provided for, may thereupon, to that extent, be diminished. The agreement of sums produced by the Parties levies above provided to meet the Rent Payments when due, are hereby applied for that Buyer shall have no liability to make any energy payments to Seller purpose, and the amount for any electricity deliveries from the Generating Facility in a Term Year that exceed 120% of Expected Term Year Energy Production; If Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement, any payment adjustments provided for under Exhibit S; and Any payment adjustments resulting from Buyer-instructed curtailments, as set forth in Exhibit U. During the Term, any payment adjustments each year will be added included in the annual budget and the appropriation bills to or deducted from a subsequent regular Monthly Contract Payment that is made be adopted and passed by Buyer to Seller after the expiration Board of a 30-day period which begins upon Xxxxx’s receipt Education in each year, respectively. The Board of all of the information required in Education does hereby levy and order to calculate payment adjustments (unless otherwise provided for in Exhibit Sbe levied, if Section 1.06(d) provides that Buyer has assumed some or all of taxes sufficient to pay the GHG Compliance Costs under this Agreement). After the Term End Date, Buyer shall invoice Seller for all payment adjustments within 60 days of Buyer’s receipt of all of the information required in order to calculate payment adjustments (unless otherwise provided for in Exhibit S, if Section 1.06(d) provides that Buyer has assumed some or all of the GHG Compliance Costs under this Agreement).Rent