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"Facility" means the wind electric generating facility, commonly known as the <br />Trent Wind Farm, with a total nameplate capacity of approximately 154 MW located <br />approximately 30 miles west of Abilene, Texas, from which Seller has the contractual <br />right to purchase Wind Energy. <br />"Facility PPA" means the contractual arrangements under which Seller has the <br />right to purchase Wind Energy from the Facility, as in effect from time to time. <br />"Outage" shall mean any unavailability, in whole or in part, of the Facility <br />whereby the Facility is not capable of fully operating at its rated capability due to (i) a <br />Forced Derating, Forced Outage Maintenance Derating, Maintenance Outage, Planned <br />Derating, Planned Outage, (all as defined in the NERC Generating Unit Availability Data <br />System ("GADS") Data Reporting Instructions); (ii) the actual or anticipated failure of <br />component(s); (iii) external restrictions; (iv) testing; (v) work being performed; (vi) <br />maintenance; (vii) construction, (viii) serial turbine defects, (ix) exercise by Seller of its <br />contractual rights to curtail production of Wind Energy from the Facility or (x) any other <br />condition or circumstance that reduces electrical generating output from time to time <br />from Facility, including lack of wind and wind in excess of the design specifications of <br />the wind turbines comprising the Facility. <br />"Owner/Operator" means the entity that is the owner and/or operator of the <br />Facility from time to time, <br />"Wind Energy" means Energy generated exclusively by the Facility from wind <br />and made available by Seller to Buyer at the Delivery Point, as the same may fluctuate in <br />real time due to wind conditions at the Facility, as recorded and measured by the <br />Transmission Operator's revenue meters. <br />"Renewable Energy Credit" means a "Renewable Energy Credit" or "REC" as <br />defined in the rules of the Public Utilities Commission of Texas, TAC, Title 16, Part 2, <br />Chapter 25, Subchapter H, Division 1, Section 25.173(c)(11). <br />"Transmission Operator" means ERCOT or any Transmission Provider, <br />independent system operator, regional transmission operator or other transmission <br />operator from time to time having authority to control the transmission control area to <br />which the Facility is interconnected. <br />"Transmission Provider" means any entity that owns, operates or controls <br />facilities used for the transmission of electrical energy in ERCOT. <br />Signatures on Following Page <br />NOTICE: IF RECIPIENT DISAGREES WITH ANY OF THE TERMS CONTAINED <br />WITHIN THIS LETTER OF CONFIRMATION, RECIPIENT SHALL PROMPTLY <br />NOTIFY THE SENDING PARTY IN WRITING PURSUANT TO THE MASTER <br />AGREEMENT, <br />6 <br />