Common use of Estimation Methodology Clause in Contracts

Estimation Methodology. Buyer shall determine in a Commercially Reasonable Manner the quantity of Energy that could not be generated due to compliance with and implementation of the Dispatch Down instruction(s) based on: (i) The power plant controller output data points specified in Exhibit 9 attached hereto, which Seller shall provide to Buyer, on a real time basis, during the Term of this Agreement; (ii) the duration of the Dispatch Down; (iii) the amount of the generating capability of the Facility that is curtailed by the applicable Dispatch Down (e.g. 10% generation capability is curtailed); (iv) the solar exposure, irradiance, and meteorological circumstances actually recorded at the Facility during the Dispatch Down period; and (v) the Facility design, performance capability, and historic performance (the “Estimation Methodology”). Seller shall be responsible for installing and maintaining all equipment necessary to provide Buyer with the power plant controller output data points specified in Exhibit 9 on a real time basis. In the event that the real time data specified in 8.9.3(i) is unavailable historical production data required under Section 9.4.5 shall be used in its place. Absent manifest error, Xxxxx’s calculations of the quantity of Energy that could not be generated due to compliance with and implementation of the Dispatch Down instruction(s) shall govern for purposes of determining Control Compensation.