Common use of Allocation of OPC Resources Clause in Contracts

Allocation of OPC Resources. (a) LPM's Share of OPC Resources is specified in Exhibit 3.3. LPM shall not be entitled to purchase OPC Energy in excess of the quantity of Electric Energy associated with the OPC Resource, or portion thereof (in the case of certain OPC Resources comprised of more than one generating unit) designated in such Exhibit; provided, that with respect to any OPC Resource with a minimum operating level under the applicable OPC Contracts that exceeds the amount of Electric Energy associated with such percentage, LPM shall be entitled to purchase such minimum level under the terms of this Agreement, but only if such purchase is in accordance with the Administrative Procedures and necessary to commit such OPC Resource. (b) OPC shall have the right to expand, retrofit, upgrade, or otherwise modify the OPC Resources, subject to the provisions of Section 16.1; provided, that such expansion, retrofit, upgrade, or other modification shall not adversely affect or otherwise interfere with OPC's ability to perform its obligation to sell Electric Energy to or to purchase Electric Energy from LPM hereunder. OPC shall bear the costs of such expansion, retrofit, upgrade, or other modification, and any incremental or expanded capacity and Electric Energy associated with such activity, shall not be included within OPC Resources.