Common use of Additional Rights of Vendor Clause in Contracts

Additional Rights of Vendor. Vendor shall have the right: (i) to introduce to the Plant improvements and modifications of all types, including additional and modified components and equipment (e.g., heliostats, SFINCS, etc.), improved algorithms and software, control systems, operating strategies (including the provision of natural gas in accordance with its allowance) and additional ideas not anticipated in the original planning; and (ii) to perform tests at the Plant, including the addition of components and measuring devices such as prototypes of heliostats and special boiler panels; provided, that such improvements, modifications and * Confidential Treatment Requested testing do not materially adversely impact Owner or the Plant’s operation or revenue generation. Vendor’s rights under this provision shall be subject to coordination with and approval by Owner, and any such improvements, modifications or testing shall be performed under and pursuant to that certain Continuing General Services Agreement (“CGSA”), dated as of April 5, 2011 between Vendor and Owner. For the avoidance of doubt, but subject to Section 9.6 hereunder, any warranty provided under this Agreement shall extend to improvements or modifications made under the CGSA if the underlying components (so improved or modified) were originally supplied as part of the Scope of Work under this Agreement. Vendor shall provide Owner with copies of all data, reports and test results collected from such activities, and Owner shall have the right to use such information solely in connection with the Project.

Additional Rights of Vendor. Vendor shall have the right: (i) to introduce to the Plant improvements and modifications of all types, including additional and modified components and equipment (e.g., heliostats, SFINCS, etc.), improved algorithms and software, control systems, operating strategies (including the provision of natural gas in accordance with its allowance) and additional ideas not anticipated in the original planning; and (ii) to perform tests at the Plant, including the addition of components and measuring devices such as prototypes of heliostats and special boiler panels; provided, that such improvements, modifications and * Confidential Treatment Requested testing do not materially adversely impact Owner or the Plant’s operation or revenue generation. Vendor’s rights under this provision shall be subject to coordination with and approval by Owner, and any such improvements, modifications or testing shall be performed under and pursuant to that certain Continuing General Services Agreement (“CGSA”), dated as of April 5, 2011 between Vendor and Owner. For the avoidance of doubt, but subject to Section 9.6 hereunder, any warranty provided under this Agreement shall extend to improvements or modifications made under the CGSA if the underlying components (so improved or modified) were originally supplied as part of the Scope of Work under this Agreement. Vendor shall provide Owner with copies of all data, reports and test results collected from such activities, and Owner shall have the right to use such information solely in connection with the Project.