Supplemental Fixed Fees definition
Supplemental Fixed Fees means $4,500/MW per month for any Exclusive Sites in excess of the aggregate amount of 567 MW of operating, construction-in-progress and allowed capacity as of the Execution Date for the sites set forth on Exhibit I (which, for the avoidance of doubt, includes the 240 MW of capacity relating to the project to be located at the site to be contributed by Manager to the Company pursuant to Section 1 of Exhibit B) based on the total nameplate capacity for such Exclusive Site (which, for the avoidance of doubt, excludes all of the Excluded Sites), (E) “Contributed Site Fixed Fees” means $3,000/MW per month based on the weighted average MW energized at the site as for the relevant quarter through the end of such quarter in which nameplate capacity is achieved, and for each full quarter thereafter based on the full nameplate capacity for such site; (F) “Contributed Site Fee Condition” means the energization of the Contributed Site (which, for the elimination of doubt, includes partial energization); (G) “Contributed Site” means such site actually contributed by Manager in accordance with Paragraph 1 of Exhibit B. In no event shall the Project Based Mining Management Fee Adjustments or the Mining Management Fee be a negative amount. Notwithstanding anything herein to the contrary, to the extent that there are any Project Based Mining Management Fee Adjustments, any such Project Based Mining Management Fee Adjustments shall be deducted solely from the Mining Management Fee and shall not be deducted from, or set off against, any other Company payments or obligations.