Deliveries Prior to the Commercial Operation Date. Beginning no earlier than ninety (90) days before the Scheduled Commercial Operation Date, PacifiCorp will pay Seller for Net Output delivered at the Point of Delivery or the Storage Facility Metering Point before the Commercial Operation Date, an amount per MWh equal to the lower of: (a) eighty- five percent (85%) of the Firm Market Price Index for the applicable hour on the applicable day in the applicable month; and (b) eighty-five percent (85%) of the Contract Price; provided, however, that Seller’s right to receive payment for energy deliveries under this Section 5.1.1 is subject to PacifiCorp’s right of offset under Section 10.2 for, among other things, payment by Seller of any Delay Damages owed to PacifiCorp by Seller.
Deliveries Prior to the Commercial Operation Date. Beginning no earlier than ninety (90) days before the Scheduled Commercial Operation Date, Utility will pay Seller for Net Output delivered at the Point of Delivery before the Commercial Operation Date, an amount per MWh equal to the lower of (i) eighty five percent (85%) of the Firm Electric Market Pricing for the applicable hour on the applicable day in the applicable month; and (ii) eighty five percent (85%) of the Contract Price; provided, however, that Seller’s right to receive payment for energy deliveries under this Section 5.1.1 is subject to Utility’s right of offset under Section 10.2 for, among other things, payment by Seller of any Delay Damages owed to Utility by Seller. Notwithstanding the foregoing, if Utility, in exercising commercially reasonable efforts, is able to accept deliveries of Net Output earlier than ninety (90) days before the Scheduled Commercial Operation Date, Utility will pay Seller for Net Output delivered at the Point of Delivery under this Section 5.1.1; provided that under no circumstances shall Utility be obligated to accept deliveries of Net Output earlier than 180 days before the Scheduled Commercial Operation Date.
Deliveries Prior to the Commercial Operation Date. Beginning no earlier than ninety (90) days before the Scheduled Commercial Operation Date, PacifiCorp will pay Seller for Net Output delivered at the Point of Delivery before the Commercial Operation Date, an amount per MWh equal to the lower of (i) eighty five percent (85%) of the Firm Market Price Index for the applicable hour on the applicable day in the applicable month; and (ii) eighty five percent (85%) of the Contract Price; provided, however, that Seller’s right to receive payment for energy deliveries under this Section 5.1.1 is subject to PacifiCorp’s right of offset under Section 10.2 for, among other things, payment by Seller of any Delay Damages owed to PacifiCorp by Seller.
