Extract to table

In the event of any inconsistency between this summary and the executed PPA, the terms of the executed PPA shall control

Measurement Methodology: Availability is measured as follows: Availability (%) = (Available Hours ÷ Period Hours) × 100 For purposes of this calculation, the following periods are excluded from the determination of Period Hours: (i) periods of Force Majeure (as defined in the PPA); (ii) periods during which the Project is curtailed by the transmission operator, ERCOT, or the interconnection provider; and (iii) periods of scheduled maintenance, provided that scheduled maintenance shall not exceed 200 hours per Contract Year

Change of Control The PPA includes the following provisions regarding changes of control: Seller Change of Control: In the event of a change of control of the Seller (as defined in the PPA), the Seller is required to provide prior written notice to the Buyer

The letter of credit must be maintained by the Seller throughout the PPA term and must be renewed or replaced not less than thirty (30) days prior to its expiration

The arbitration shall be conducted before a panel of three (3) arbitrators, with each party selecting one arbitrator and the two party-appointed arbitrators selecting the third

The arbitrators' award shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction