Adjustment for Insolation; Termination. Unless otherwise agreed, Seller may remove the System from the vacated Facility prior to the termination of Customer’s ownership, lease, or other rights to use such Facility. Seller will not be required to restore the Facility to its prior condition but shall promptly pay Customer for any damage caused by Seller during removal of the System, but not for normal wear and tear. If the substitute facility has inferior Insolation as compared to the original Facility, Seller shall have the right to make an adjustment to the Contract Price with a substitute Cover Page and Exhibit A such that Customer’s payments to Seller are the same as if the System were located at the original Facility, increased to the extent necessary to compensate Seller for reduced revenues from Environmental Attributes (if applicable) and reduced Tax Credits that Seller (or, if Seller is a pass-through entity for tax purposes, Seller’s owners or Seller’s tax equity Financing Parties) receive as a result of the relocation. If Customer is unable to provide such mutually agreeable substitute facility to relocate the System as provided, the Parties shall terminate the Agreement and Customer agrees to pay the Termination Payment.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Solar Power Purchase Agreement
