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63 <br /> • <br /> NC STANDARD PPA.DQC-(Revised November 1,2010) NCUC Docket No.E-100.Sub.127 <br /> 1 of which are now on file with the North Carolina Utilities Commission ("Commission"), and <br /> 2 are hereby incorporated by reference and made a part hereof as though fully set forth herein. <br /> 3 Said Rate Schedule and Service Regulations are subject to change, revision, alteration or <br /> 4 substitution, either in whole or in part,upon order of said Commission or any other regulatory <br /> 5 authority having jurisdiction, and any such change, revision, alteration or substitution shall <br /> 6 immediately be made a part hereof as though fully written herein, and shall nullify any prior <br /> 7 provision in conflict therewith. <br /> 8 <br /> 9 3. Initial Delivery Date. <br /> 10 <br /> 11 3.1 The Initial Delivery Date shall be the first date upon which energy is generated by the Facility <br /> 12 and delivered to the Company, and such energy is metered by the Company. The Initial <br /> 13 Delivery Date under this Agreement is ,20 <br /> 14 <br /> 15 3.2 Subject to the provisions of Paragraph 3.4 hereof, if the Initial Delivery Date does not occur <br /> 16 within thirty (30) months from the date of execution of this Agreement, then the,Company <br /> 17 may at any time thereafter terminate this Agreement immediately upon written notice to <br /> 18 Supplier, <br /> 19 <br /> 20 3.3 The initial delivery of electric power is dependent upon the Company securing from the <br /> 21 manufacturers all necessary apparatus, equipment and material for the delivery of said power, <br /> 22 and the Company shall not be required to receive said power until it shall have secured and <br /> 23 installed such equipment,apparatus and material. <br /> 24 <br /> 25 3.4 If either Party shall be delayed or prevented from delivering or receiving electric power on the <br /> 26 Initial Delivery Date by reason of an event or condition of force majeure as defined in <br /> 27 Paragraph 7 hereof,then the Initial Delivery Date and the beginning of Supplier's obligation to <br /> 28 pay Interconnection Facilities Charges pursuant to Paragraph 5.3 hereof shall be extended for a <br /> 29 period proportionate to such delay or prevention. <br /> 30 <br /> 31 4. Term. The term of this Agreement shall be years beginning with the Initial Delivery <br /> 32 Date, continuing thereafter until terminated by either Party upon giving at least ninety (90) <br /> 33 days' prior written notice of such termination. The Company shall have the right of <br /> 34 termination provided in the attached Rate Schedule. In the event of early termination of this <br /> 35 agreement, the Supplier shall be required to pay the Company for costs due to such early <br /> 36 termination. <br /> 37 <br /> 38 (Continuation of Paragraph 4 applicable to all contracts on 10 and 15-year rates only.) <br /> 39 This Agreement shall be renewable for subsequent•term(s) at the option of the Company on <br /> 40 substantially the same terms and provisions, and at a rate either (1) mutually agreed upon by <br /> 41 the Parties negotiating in good faith and taking into consideration the Company's then avoided <br /> 42 cost rate and other relevant factors,or(2)set by arbitration. <br /> 43 <br /> 44 <br /> 45 <br /> 46 (Continuation of Paragraph 4 applicable to all contracts on 5; 10 and 15 year rates.) <br /> Page 3 of 12 <br />