Common use of Alternative Location Clause in Contracts

Alternative Location. Prior to the Commercial Operation Date, if the Customer’s interest in the Site is a leasehold interest and the Customer is unable to obtain the landlord’s consent in accordance with the License or Customer chooses an alternative location per Section 3.1.1, Customer will have the option to elect an alternative location if Environmental Attributes and Environmental Financial Incentives financially equivalent to or better than those associated with the original location are available for the alternative location, and if the expected System kWh output and construction cost at the alternative location are equivalent to or superior than those associated with the originally proposed location. Such alternative location is subject to Provider approval, not to be unreasonably withheld. If an alternative location cannot be established, Provider will have the right to terminate per Section 3.2.

Alternative Location. Prior to the Commercial Operation Date, if the Customer’s interest in the Site is a leasehold interest and the Customer is unable to obtain the landlord’s consent in accordance with the License Lease or Customer chooses an alternative location per Section 3.1.1, Customer will have the option to elect an alternative location if Environmental Attributes and Environmental Financial Incentives financially equivalent to or better than those associated with the original location are available for the alternative location, and if the expected System kWh output and construction cost at the alternative location are equivalent to or superior than those associated with the originally proposed location. Such alternative location is subject to Provider approval, not to be unreasonably withheld. If an alternative location cannot be established, Provider will have the right to terminate per Section 3.2.