and deliver to the CAISO Grid at a particular moment and that can be purchased and sold under CAISO market rules, including Resource Adequacy Benefits. “Capacity Damages” has the meaning set forth in Exhibit B. “CEC” means the California Energy Commission or its successor agency. “CEC Certification and Verification” means that the CEC has certified (or, with respect to periods before the date that is ninety (90) days following the Commercial Operation Date, that the CEC has pre-certified) that the Facility is an Eligible Renewable Energy Resource for purposes of the California Renewables Portfolio Standard and that all Energy generated by the Facility qualifies as generation from an Eligible Renewable Energy Resource. “Commercial Operation” has the meaning set forth in Exhibit B. “Commercial Operation Date” has the meaning set forth in Exhibit B. “Commercial Operation Delay Damages” means an amount equal to (a) the Development Security amount required hereunder, divided by (b) sixty (60). “Compliance Actions” has the meaning set forth in Section 3.12. “Compliance Expenditure Cap” has the meaning set forth in Section 3.12. “Confidential Information” has the meaning set forth in Section 18.1. “Construction Start” has the meaning set forth in Exhibit B. “Construction Start Date” has the meaning set forth in Exhibit B. “Contract Price” has the meaning set forth on the Cover Sheet. “Contract Term” has the meaning set forth in Section 2.1. “Contract Year” means a period of twelve (12) consecutive months. The first Contract Year shall commence on the Commercial Operation Date and each subsequent Contract Year shall commence on the anniversary of the Commercial Operation Date. “Converted Physical Trade” has the meaning set forth in the CAISO Tariff. “Costs” means, with respect to the Non-Defaulting Party, brokerage fees, commissions and other similar third-party transaction costs and expenses reasonably incurred by such Party either in terminating any arrangement pursuant to which it has hedged its obligations or entering into new arrangements which replace the Agreement; and all reasonable attorneys’ fees and expenses incurred by the Non-Defaulting Party in connection with terminating the Agreement. “Cover Sheet” means the cover sheet to this Agreement, which is incorporated into this Agreement.
EXHIBIT N NOTICES [SELLER’S NAME] (“Seller”) Monterey Bay Community Power All Notices: Street: City: Attn: Phone: Facsimile: Email: All Notices: Monterey Bay Community Power 70 Garden Court Road Monterey, CA 93940 Attn: Contract Administration Phone: (831)641-7222 Facsimile: Email: jmark@mbcommunitypower.org Reference Numbers: Duns: Federal Tax ID Number: Reference Numbers: Duns: Federal Tax ID Number: Invoices: Attn: Phone: Facsimile: E-mail: Invoices: Attn: Administrative Associate Phone: Facsimile: E-mail: jmark@mbcommunitypower.org Scheduling: Attn: Phone: Facsimile: Email: Scheduling: Attn: Dennis Dyc-O’Neal, Director of Power Resources Phone: 831-641-7222 Facsimile: E-mail: ddyc-o’neal@mbcommunitypower.org Confirmations: Attn: Phone: Facsimile: Email: Confirmations: Attn: Dennis Dyc-O’Neal, Director of Power Resources Phone: 831-641-7222 Facsimile: Email: ddyc-o’neal@mbcommunitypower.org Payments: Attn: Phone: Facsimile: E-mail: Payments: Attn: Administrative Associate Phone: 831-641-7222 Facsimile: E-mail: jmark@mbcommunitypower.org Wire Transfer: BNK: ABA: ACCT: Wire Transfer: BNK: River City Bank ABA: ACCT:
Credit and Collections: Attn: Phone: Facsimile: E-mail: Credit and Collections: Attn: Tiffany Law, Finance Manager Phone: 831-641-7202 Facsimile: Email: tlaw@mbcommunitypower.org With additional Notices of an Event of Default to: Attn: Phone: Facsimile: E-mail: With additional Notices of an Event of Default to: Troutman Sanders LLP Attn: Stephen Hall 100 SW Main, Suite 1000 Portland, Oregon 97204 Fax: (503) 290-2405 Phone: (503) 290-2336 Email: Emergency Contact Information: Attn: Phone: Facsimile: E-mail: Emergency Contact Information: Attn: Phone: Facsimile: E-mail: