Yes, the Initial Installed Capacity Estimate (“IICE”) can be reduced in advance of the Milestone Delivery Date (MDD) but to no less than 75% of the IICE as a Permitted reduction by giving notice prior to the MDD. IICE may also be reduced for a Relevant Construction Event. Please refer to Conditions 5 and 6 of the Conditions (Adjustments to Installed Capacity Estimate: Relevant Construction Event and Adjustments to Installed Capacity Estimate: Permitted reduction).

The IICE, Installed Capacity (IC) and Final Installed Capacity (FIC) in MW are all expressed as net. Any parasitic electrical load and/or electrical losses as measured at the export meter without which the Facility would not be able to continuously generate should be deducted to calculate IICE, IC and FIC.

The parasitic electrical loads and electrical losses that should be deducted when determining the ICE are: a) any parasitic electrical load generated by auxiliary equipment required to operate the Facility for a sustained period of time safely and efficiently at the maximum capacity possible and without causing damage to the Facility (expressed as a percentage of the Installed Capacity); b) any electrical losses within the Facility from the generating units to the export metering point when generating at the maximum capacity possible and without causing damage to the Facility (expressed as a percentage of the Installed Capacity); and any parasitic electrical load and/or electrical losses required to operate equipment to handle or prepare a material, substance or such other matter which is not necessary for the Facility to operate should not be deducted when determining IC.

The IICE is the capacity in MW for which successful allocation has taken place and is stated in clause 7.1 of the CFD Agreement. The IICE is informed by the aggregate of the nameplate capacity/specification of generating assets comprising the Facility. The Generator should be aware of the requirement not to exceed the FIC on final commissioning which will be determined by Commissioning Tests.

FIC shall not exceed the ICE. The Generator is entitled to receive settlement payments up to an output that corresponds to the Maximum Contract Capacity. The Maximum Contract Capacity is the ICE until the FIC, and then it is the FIC.

No. FIC shall not exceed ICE. Additional generating assets that are separately metered and not a part of the Facility are not subject to the CFD and to all intents and purposes are distinct from the Facility and any obligations LCCC has under the CFD.

Generators should not overbuild or install turbines whose maximum generating capacity, in aggregate across the Facility, exceeds the ICE. Please note in this regard that the FIC cannot exceed the ICE. The ICE of necessity cannot be more than the IICE. The Ice is the IICE as reduced in accordance with Conditions 5 and 6.

The Generator must at all times comply with the Conditions. The Generator must at all times comply with all Laws and Directives, promptly obtain and comply with all Required Authorisations (including planning consents) and at all times comply with all terms of those Industry Documents to which it is a party.