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Execution Version <br /> 237 "Unit(s)" means all components and equipment located on each Site and <br /> associated with each hydroelectric powered generating facility, including the <br /> turbine generator(s)associated With each Unit,as set forth in Exhibit-5,attached <br /> hereto,,and made a part of this Agreement. The Units shall be"individually <br /> referred to herein as"Shavano,""Drop 4,"or"Drop 5." <br /> 3. SALE: <br /> 3.1 Buyer shall purchase and receive from Seller,and Seller shah delver and sell to <br /> Buyer, at the Point of Delivery, all of tout generated throughout the <br /> Delivery Term. Seller represents and warrants it has acquired the neeeiAry <br /> water rights to construes operate and maintain the Project.Notwithstanding the <br /> foregoing, if Seller delivers the'OUtpiit to the Point of Delvetry but Buyer is <br /> ternpotaflly unable to -receive such Output due to system emergencies, <br /> abnormal Interconnection situations, events of force majeure, system <br /> Improvements, curtailments and/or scheduled or unschedpled repairs <br /> maintenance on Buyer's side of the Point of Delivery(a VOttouromit Evened, <br /> Buyer shall have naobilgation to purchase such tytput Iron Seller. <br /> 3.2 in the event Seiler wishes to modify any or-ail of the Units tO increase the <br /> capacity a /or energy produced by Seth Unit,Buyer shah hayp'tbe right;In its <br /> sole discretjoir,10 accept or dedine such additional capacity and/or-energy <br /> through an Increase In the amount of capacity and/or energy from Seiler. -eller <br /> shall 'p'ro`vide Buyer Written notification of its intent to modify any or all sof the <br /> Units tO-kictease t apadty and/or energy production at any applicable Unit. <br /> Buyer shall provide written notice to Seller within ninety(90)days of receipt <br /> of such written notification,stating whether-Buyer accepts any portion of the <br /> expected increase In the capacity and/or energy to be included In BuyeVs <br /> purchases hereunder. <br /> 3.3 Seller ***es that,folV4k1Pal Energy A,gericy of Nebraska ("MEAN" fray <br /> choose to'designate this Agreement as a network resource under Its network <br /> sbrvice agreement With Tri-State, and thatr if MEAN does so designate this <br /> Agreement,the Units may be subject to redispatcli by MEAN pi cant to the <br /> terms of Tri-State's Open Access Transmission Tariff. <br /> 3.4 Seller shall be responsible for making all necessary ari"angefiielits for the <br /> Interconnection.and trannsmissfon of the Output to the Point of Delivery.Buyer <br /> shad be responsible for making all necessary arrangements for the transmission <br /> of energy et and from the Point of Delivery,incl ding scheduling, accounting, <br /> and billing, with the appropriate control area operators and/or transtnlssiooi, <br /> providers.Any wheeling charges or other costs associated With Craton at <br /> Page4of24 <br /> 132 <br />