Laserfiche WebLink
POWER PURCHASE AGREEMENT ("PPA") <br /> C. Commencing on the second anniversary of the Commercial Operation Date, if at <br /> the end of each successive thirty-six (36) month anniversary thereof the Actual <br /> kWh is greater than the Guaranteed kWh during any thirty-six(36)month period, <br /> this surplus will be carried over and will be used to offset any deficits that may <br /> occur in the next true up period. <br /> D. "Guaranteed kWh": <br /> True Up Term Years City of Decatur-Guaranteed kWh <br /> Years 1-3 665,332 <br /> Years 4-6 645,571 <br /> Years 7-9 626,397 <br /> Years 10-12 607,792 <br /> Years 13-15 589,740 <br /> E. "Actual kWh" means the AC electricity produced by the System in kilowatt-hours <br /> measured and recorded by Seller during each successive thirty-six (36) month <br /> anniversary of the Commercial Operation Date. To measure the Actual kWh, the <br /> parties shall use the Egauge revenue grade meter or to the extent such services <br /> are not available, Seller will estimate the Actual kWh by using reasonable <br /> commercial methods. <br /> F. Effective Date: The term of the Agreement shall commence on the Effective Date <br /> and shall continue for fifteen (15)years from the Commercial Operation Date(the <br /> "Term"), unless and until the earlier termination of the PPA. If the Parties to the <br /> PPA elect to renew the PPA at the end of its term as provided for therein, <br /> Purchaser may request that this Agreement be-renewed in conjunction with the <br /> PPA. Seller shall promptly respond to such request with the terms under which <br /> Seller will renew this Agreement. <br /> 2. Exclusions. The Guarantee does not apply to any repair, replacement or correction required due <br /> to the following: <br /> A. Someone other than Seller or its approved service providers installs, removes, re- <br /> installs or repairs the System; <br /> B. Destruction or damage to the System or its ability to safely produce energy not <br /> caused by Seller or its approved service providers while servicing the System (e.g., <br /> a tree falls on the System); <br /> C. Purchaser's failure to perform,or breach of, Purchaser's obligations under the PPA <br /> to the extent such failure or breach impacts System production (such as if <br /> Purchaser modifies or alters the System); <br /> Page 38 of 49 <br />