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Amendment to this Confirmation Letter if the Parties reach agreement at a later date to a <br />revised Contract Price/Delivery Point combination. <br />4.3 Metering. Metering and inspection of the Transmission Operator's revenue <br />meters at the Facility will be in accordance with the interconnection agreement between <br />Owner/Operator and its interconnection provider and subject to the relevant ERCOT <br />Protocols. If any such meter fails to register or is inaccurate or defective, the amounts of <br />Wind Energy purchased and sold under this Confirmation will be determined by <br />reference to the appropriate procedures under the interconnection agreement and the <br />ERCOT Protocols. Such adjustments may be retroactive to the extent set forth in the <br />interconnection agreement and the ERCOT Protocols, and shall be subject to audit as set <br />forth in Section 10.9 of the Master Agreement. <br />4.4 Economic Curtailment. If Seller curtails deliveries of Energy from the Facility <br />during periods that the real time ERCOT market price at the Facility busbar LMP is <br />reasonably anticipated to be negative, then Seller's deliveries of Wind Energy to Buyer <br />under this Confirmation shall also be ratably curtailed for the same period ("Economic <br />Curtailment"). <br />5. TRANSMISSION AND OSE SERVICES: <br />5.1 Transmission. Seller is not responsible for transmission service from the Delivery <br />Point. <br />5.2 QSE. Buyer will designate a load QSE for the purpose of scheduling and <br />settlement in ERCOT of the Wind Energy received under this Transaction. Seller or its <br />designee will be the generation QSE for the Facility and Seller will coordinate, or cause <br />its designee to coordinate, the scheduling and delivery of Wind Energy from the Facility, <br />including the curtailment of such Wind Energy during periods of Economic Curtailment, <br />with Buyer's load QSE. Buyer and Seller will work out mutually acceptable scheduling <br />process for the QSEs. <br />6. CONGESTION REVENUE RIGHTS: <br />Buyer may from time to time, through a City of San Marcos, Texas Authorized Agent, <br />submit a written request (that contains all the specific details of the bid) that Seller submit <br />on Buyer's behalf CRR bids into the ERCOT CRR auction to provide Buyer with a <br />means to assist Buyer in managing Buyer's congestion risk associated with the Wind <br />Energy. Buyer acknowledges that there are limits on the total number of CRR bids that <br />Seller may submit in any given auction with respect to CRRs for. Seller's own purposes <br />and those of all of its Buyers, accordingly, Seller reserves the right, in Seller's sole <br />discretion, to limit the number of CRR bid requests, or decline to submit any or all <br />requested CRR bids made by Buyer. Any and all such CRR bids submitted in a CRR <br />3 <br />