Agreement & Notice to Vacate Existing Unit; Move to Transitional Unit Sample Clauses

Agreement & Notice to Vacate Existing Unit; Move to Transitional Unit. Tenant hereby provides notice of its intent to vacate the Existing Unit and relocate to the Transitional Unit upon not less than 60 days written notice from Landlord but in any event no later than the “Vacate Date” identified on page 1 of this Agreement. If Tenant fails to comply with any term or condition of this Agreement, Tenant shall remain fully obligated to pay all rent and other amounts incurred under the terms of Tenant’s lease and tenancy through the date on which Tenant actually vacates the Existing Unit. This Agreement constitutes Tenant’s notice of intention to vacate the Existing Unit on or before the Vacate Date. If Tenant, without good cause, fails to vacate the Existing Unit on or before the Vacate Date, then Landlord shall be entitled to possession of the Existing Unit; and, in addition, Tenant shall lose all rights to move to a Transitional Unit or New Unit, and shall forfeit any and all rights afforded to Tenant under this Agreement and the Tenant Assignment and Development Agreement between 6634-0000 Xxxxxxx Xxx NW, LLC and Powerhouse 6634-0000 Xxxxxxx Xxx XX Xxxxxxx Xxxxxxxxxxx, Inc., dated July , 2023 (the “Development Agreement”) and at law, including without limitation, any limitations on rent chargeable or charged for the period commencing on the Vacate Date.
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Control Area shall mean an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Developer shall mean an Eligible Customer developing a Large Generating Facility, proposing to connect to the New York State Transmission System, in compliance with the NYISO Minimum Interconnection Standard. Developer’s Attachment Facilities shall mean all facilities and equipment, as identified in Appendix A of this Agreement, that are located between the Large Generating Facility and the Point of Change of Ownership, including any modification, addition, or upgrades to such facilities and equipment necessary to physically and electrically interconnect the Large Generating Facility to the New York State Transmission System. Developer’s Attachment Facilities are sole use facilities. Distribution System shall mean the Connecting Transmission Owner’s facilities and equipment used to distribute electricity that are subject to FERC jurisdiction, and are subject to the NYISO’s Large Facility Interconnection Procedures in Attachment X to the ISO OATT or Small Generator Interconnection Procedures in Attachment Z to the ISO OATT under FERC Order Nos. 2003 and/or 2006. The term Distribution System shall not include LIPA’s distribution facilities. Distribution Upgrades shall mean the additions, modifications, and upgrades to the Connecting Transmission Owner’s Distribution System at or beyond the Point of Interconnection to facilitate interconnection of a Large Facility or Small Generating Facility and render the transmission service necessary to affect the Developer’s wholesale sale of electricity in interstate commerce. Distribution Upgrades do not include Attachment Facilities, System Upgrade Facilities, or System Deliverability Upgrades. 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Energy Resource Interconnection Service (“ERIS”) shall mean the service provided by NYISO to interconnect the Developer’s Large Generating Facility to the New York State Transmission System or to the Distribution System in accordance with the NYISO Minimum Interconnection Standard, to enable the New York State Transmission System to receive Energy and Ancillary Services from the Large Generating Facility, pursuant to the terms of the ISO OATT. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Generating Facility shall mean Developer’s device for the production and/or storage for later injection of electricity identified in the Interconnection Request, but shall not include the Developer’s Attachment Facilities or Distribution Upgrades.

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