I need the following paragraphs translated.
4. Contract Price: All Sums in Mexican Pesos
The price shall be set based on the published rates by the Comision Federal de Electricidad for Mexico (“CFE”) as follows:
a. At the close of each monthly cycle, Seller shall look up the rate schedule from CFE as published on CFE’s website, currently located at ___________________. The rates shall be based on HS published costs for a facility located where the installation is completed, the amount of energy that is produced, and the time at which the energy is produced (Base, Intermediate, Semi-Punta or Intermediate).
b. For each kWh produced by the System, Seller shall calculate rate (“Rate”) based on the HS published rate for the System’s location for the time at which each kWh is produced (Base, Intermediate, Semi-Punta or Intermediate).
c. Each kWh shall then be multiplied by its Rate to determine the amount due for that kWh. (“kWh Fee”)
d. The kWh Fees shall be added together and reduced by 3% to determine the pretax monthly fee for that month. (“Total Fee”)
e. For Example:
Assume the System was to produce 20,000 kWh during Base Rate times, 5,000 kWh during Punta Rate times, and 10,000 kWh during Intermediate Rate times. Also assume that Base Rate for HS during that month was 1 Peso per kWh, the Intermediate rate was 2 Pesos, and the Punta Rate was 5 pesos. The total Contract Price would be calculated as follows:
XXXXX
f. This fee will be due and payable regardless of consumption.
g. Potential Pricing Issues and Approach
i. In the event that the published CFE rates become unavailable for any reason, then the default rates shall automatically become the average price and times for rates when they were published over the prior six months.
ii. In the event that CFE rates remain unavailable for 90 consecutive days, the default rates shall become permanent. (“Permanent Rate”) The Permanent Rate shall be increased by 3% per year every year on the anniversary of the first date that the Permanent Rate was set.
iii. Published CFE rates must be publically available without a login via the internet and applicable to the entire region. The following examples represent a list of foreseeable events that would cause published CFE rates to be deemed unavailable. While this list is illustrative of events, it is not comprehensive.
• CFE stops publishing rates without a login;
• CFE stops having regional rates and introduces rates based on a different scheme;
• CFE stops using the HS rate scheme and the parties cannot determine what the comparable rate should be;
• CFE stops publishing the times for Base, Punta, Intermediate and Semi-Punta;
• CFE stops breaking down pricing in a manner that allows the Seller to determine the kWh Fee in manner consistent with Paragraphs 4.a. through 4.e.
• Something happens with the CFE Published Rates that, in Seller’s reasonable discretion, thwarts the spirit or intent of Paragraphs 4.a. through 4.e. above.
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