Subscription Level Clause Samples

Subscription Level. 1.1. Customer agrees to purchase a subscription pursuant to the CARES-1 tariff and the terms of this Agreement. The subscription level for this Agreement is set at [ ] MW (“Subscription Level”) and represents Customer’s allocated portion of the CARES Portfolio. The renewable facilities included in and supplying the CARES Portfolio will be identified and included in the Commission’s certification proceeding for the supplying power purchase agreements. 1.2. If Customer is unable to obtain its verified customer load to support Customer’s Subscription Level within three (3) years from the Effective Date (“Initial Period”), Georgia Power will reevaluate Customer’s then-current and projected load to determine whether the Subscription Level should be reduced. If Georgia Power determines a reduction is necessary, the Subscription Level will be reset at the reduced amount for the remaining duration of the Term, as defined in Section 4. 1.3. If Customer cannot sustain its customer load to support Customer’s Subscription Level at one or more CARES Premises during the Term due to unforeseeable events or circumstances beyond Customer’s reasonable control, not caused by Customer nor the result of Customer’s negligence (“Customer Force Majeure Event”), and if Customer (i) gives notice of such Customer Force Majeure Event to Georgia Power as promptly as is practical after its occurrence, and (ii) provides Georgia Power with documentation supporting Customer’s efforts to overcome or mitigate the effect and duration of such Customer Force Majeure Event, then Customer may be allowed to suspend its participation in the CARES Program and its obligation to pay the CARES-1 tariff rate under this Agreement to the extent and for the duration of the Customer Force Majeure Event for the impacted CARES Premises; provided, however, in no event may such Customer Force Majeure Event suspension endure for a period longer than one hundred eighty (180) days. If a Customer Force Majeure Event permanently reduces or eliminates the customer load to support the Subscription Level at one or more CARES Premises, or continues for more than 180 days, Customer must provide notice of termination for the impacted CARES Premises pursuant to Section 8 of this Agreement. In such event, Georgia Power will reallocate Customer’s Subscription Level to Customer’s remaining CARES Premises pursuant to Section 7 of this Agreement, if possible, or reduce Customer’s Subscription Level.