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8.A. - Page 16 <br /> 1.31 "Delivery Point" means the metering point at the load side of the transformer for each <br /> Facility, as specified in Schedule 4 of this Agreement [Description of Generating Facilities]. <br /> 1.32 "Disruption Period" means the period of time that a Facility is not available due to a Buyer <br /> Act. <br /> 1.33 "Deemed Generated Energy" means the quantity of electric energy, expressed in kWh, <br /> that Seller reasonably calculates would have been produced by the Facility and made <br /> available at the Delivery Point during each measurement period, determined by taking <br /> into account during the relevant measurement period the radiometers or like devices at <br /> the Facility,or if such monitoring equipment is unavailable during a relevant interval,then <br /> using available data or interpolated data determined in accordance with Prudent Industry <br /> Practices. <br /> 1.34 "EA Agency" means any local, state or federal entity, or any other Person, that has <br /> responsibility for or jurisdiction over a program involving transferability of Environmental <br /> Attributes, including the Clean Air Markets Division of the United States Environmental <br /> Protection Agency,the California Resources,Conservation and Development Commission, <br /> the California Public Utilities Commission, and any successor agency thereto. <br /> 1.35 "Early Termination Fee" means the fee associated with an early termination of this <br /> Agreement in the amount expressed in dollars per Watt of the Facility's size in Watts-DC <br /> ($/Wdc) as set forth in Schedule 2 of this Agreement [Early Termination Fee]. <br /> 1.36 "Effective Date" means the date set forth in the first paragraph of this Agreement. <br /> 1.37 "Energy" means the electricity generated by each Facility pursuant to this Agreement, as <br /> expressed in units of kWh. <br /> 1.38 "Environmental Attributes" means any and all credits, such as Renewable Energy Credits <br /> or RECs, benefits, emissions reductions, offsets, and allowances, howsoever entitled, <br /> attributable to the generation from each Facility, and its displacement of conventional <br /> energy generation. Environmental Attributes include but are not limited to: (i) any <br /> avoided emissions of pollutants to the air, soil or water such as sulfur oxides (Sox), <br /> nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (ii) any avoided <br /> emissions of carbon dioxide (CO2), methane (CH4)and other greenhouse gases that have <br /> been determined by the United Nations Intergovernmental Panel on Climate Change to <br /> contribute to the actual or potential threat of altering Earth's climate by trapping heat in <br /> the atmosphere; and (iii) the reporting rights to these avoided emissions such as Green <br /> Tag Reporting Rights. Environmental Attributes for purposes of this Agreement expressly <br /> excludes Existing Financial Incentives. <br /> 1.39 "Environmental Attributes Reporting Rights" means all rights to report ownership of the <br /> Environmental Attributes to any Person, including under the Energy Policy Act of 1992, <br /> and any regulations promulgated thereunder. <br /> ATTY/AGR/2015.412/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 8 of 55 <br />