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8.A. - Page 30 <br /> been overcharged by more than two percent (2%), Seller shall bear the cost of <br /> such audit, but in all other cases City shall bear the cost of such audit. <br /> (vi) Maintenance of Meter Data. The Parties shall maintain all records related to <br /> Invoices and Meter Data for a period of the greater of(i)48 months from the date <br /> of such Invoice or Meter Data, or (ii) as otherwise required by law. Such records <br /> shall be available for audit as described in above. <br /> (vii)Single Viewing Kiosk for the Generating Facility. At the location of Buyer's choice, <br /> Seller will install a single Kiosk for viewing by the general public consisting of a <br /> 20"LCD screen with a computer and keyboard sufficient to view the Data <br /> Acquisition System ("DAS") monitoring of the Generating Facilities. The computer <br /> and keyboard shall be housed in a cabinet whose design, aesthetics, and cost are <br /> mutually agreed upon by Buyer and Seller. Buyer will allow Seller to use a 120v <br /> electrical outlet and data outlet located at the mutually agreed upon location <br /> which will be within a reasonable distance of an existing 120v electrical outlet. <br /> Seller's total installed cost of the Kiosk consisting shall not exceed $5,000 US <br /> dollars. Following installation, Buyer shall provide and maintain communications <br /> equipment and services to the Kiosk. <br /> (d) Delivery Obligations. Beginning on the Actual Commercial Operation Date for each <br /> Facility, such Facility shall produce not less than 90% of its Expected Annual Contract <br /> Quantity (after accounting for weather-related discrepancies) during the Initial Term <br /> or applicable Renewal Term, if any, measured on an annual basis (the "Measurement <br /> Period"), unless, and then only to the extent that, the failure to satisfy the Expected <br /> Annual Contract Quantity is due to any downtime or Facility correction or repair <br /> resulting from the following: (a) Facility failure, damage to the system, theft, or <br /> downtime not caused by Seller or its approved service providers, (b) general Local <br /> Electric Utility outages, (c) a Force Majeure Event, (d) if someone other than Seller or <br /> its approved service providers installed, repaired, or removed the Facility, or (e) any <br /> Buyer Act Outages (each of(a) through (e) a "Lost Output Event"). <br /> Subject to the terms and conditions of this Agreement, beginning on the fourth <br /> anniversary of the Actual Commercial Operation Date, and at the end of each successive <br /> one (1) year anniversary thereof, if the Actual System Output plus the Lost Output does <br /> not equal or exceed 90%of the Expected Annual Contract Quantity for such Measurement <br /> Period, then Seller will credit Buyer on its next invoice an amount equal to the product of <br /> (i)the average of the annual Contract Prices found in the applicable site Schedule 6 during <br /> such Measurement Period multiplied by (ii) the difference between the Actual System <br /> Output plus the Lost Output and the Expected Annual Contract Quantity for such <br /> Measurement Period. <br /> (e) Excess Energy. Buyer shall have the option, but not the obligation, to purchase the <br /> output of any facility that exceeds 110% of the expected annual contract quantity. <br /> Seller will first offer any energy beyond the 110%cap to buyer and, only if buyer does <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 22 of 55 <br />