As-Built Supplement. Upon completion of initial (and any subsequent) construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As-built Supplement must be reviewed and approved by PacifiCorp, which approval shall not unreasonably be withheld, conditioned or delayed.
As-Built Supplement. Within thirty (30) days of completion of construction of the Facility, Seller shall provide PacifiCorp the As-built Supplement. The As-built Supplement shall be deemed effective and shall be added to Exhibit 6.1 when it has been reviewed and approved by PacifiCorp, which approval shall not be unreasonably withheld or delayed. If the proposed As-built Supplement does not accurately describe the Facility as actually built or is otherwise defective as to form in any material respect, PacifiCorp may within fifteen (15) days after receiving the proposed As-built Supplement give Seller a notice describing what PacifiCorp wishes to correct. If PacifiCorp does not give Seller such a notice within the fifteen (15) day period, the As-built Supplement shall be deemed approved. If PacifiCorp provides a timely notice requiring corrections, Seller shall in good faith cooperate with PacifiCorp to revise the As-built Supplement to address PacifiCorp's concerns. Notwithstanding the foregoing, PacifiCorp shall have no right to require Seller to relocate, modify or otherwise change in any respect any aspect of the Facility as actually built.
As-Built Supplement. Upon completion of construction of the Facility, Seller shall provide Buyer the As-built Supplement. The As-built Supplement shall be deemed effective and shall be added to Exhibit A of this Agreement when it has been reviewed and approved by Buyer. Buyer shall not unreasonably withhold, condition or delay its approval of the As-built Supplement.
As-Built Supplement. No later than thirty (30) days following the Commercial Operation Date, Seller must provide PacifiCorp the As-Built Supplement which will be incorporated into Exhibit B. The Facility, as reflected in the As-Built Supplement to be provided under this Section, may not: (a) have a Nameplate Capacity Rating that exceeds the Expected Nameplate Capacity Rating; (b) have a Storage Capacity Rating that is less than the applicable Expected Storage Requirement; or (c) result in the annual Expected Monthly Net Output, as calculated in Exhibit A, to increase by more than ten percent (10%). Seller may not modify the Facility in a manner that materially alters the As-Built Supplement without PacifiCorp’s prior written approval (which approval may not be unreasonably withheld, conditioned or delayed), provided that PacifiCorp shall not be required to approve any modification of the Facility that results or is reasonably likely to result in the Facility violating paragraphs (a), (b) or (c) above.
As-Built Supplement. No later than thirty (30) days following Final Completion, Seller must provide PacifiCorp the As-Built Supplement, which As-Built Supplement will automatically be deemed incorporated into Exhibit B effective upon receipt by PacifiCorp, provided that in no event shall such updated Exhibit B result in any change to Exhibit A. The Storage Facility, as reflected in the As-Built Supplement to be provided under this Section, may not have a Storage Power Capacity Rating that is less than the Guaranteed Storage Power Capacity Rating. Seller may not modify the Storage Facility, whether by replacement or modification of the Storage Facility equipment or related infrastructure or otherwise, in a manner that materially alters the As-Built Supplement without PacifiCorp’s prior written approval (which approval may not be unreasonably withheld, conditioned or delayed), provided that PacifiCorp shall not be required to approve any modification of the Storage Facility that results or is reasonably likely to result in the Storage Facility having a Storage Power Capacity Rating that is less than the Guaranteed Storage Power Capacity Rating, provided, further, that in no event shall PacifiCorp be required to pay for any Storage Energy Capacity above the Guaranteed Storage Power Capacity Rating as a result of any such modification to the Storage Facility.
As-Built Supplement. Upon completion of initial construction of the Facility, and upon any subsequent material modification of the Facility, Project Manager shall provide PGE an as-built supplement to specify the actual Facility as built.
As-Built Supplement. Upon completion of construction of the Facility, Seller shall provide PacifiCorp an As-built Supplement to specify the actual Facility as built. The As- built Supplement must be reviewed and approved by PacifiCorp, which approval shall not unreasonably be withheld, conditioned or delayed. Seller shall not increase the Facility Capacity Rating above that specified in Exhibit A or increase the ability of the Facility to deliver Net Output in quantities in excess of the Facility Capacity Rating through any means including, but not limited to, replacement of, modification of, or addition ofto existing equipment, except with the written consent of PacifiCorp.
As-Built Supplement. No later than ninety (90) days following the Commercial Operation Date, Seller must provide PacifiCorp the As-Built Supplement which will be incorporated into Exhibit B of this Agreement. The Facility, as reflected in the As-Built Supplement to be provided under this Section, may not (a) have a Nameplate Capacity Rating that exceeds that stated in Exhibit B, or (b) result in the expected annual Net Output, as calculated in Exhibit A, to increase by more than ten percent (10%). Seller may not modify the Facility in a manner that materially alters the As-Built Supplement without PacifiCorp’s prior written approval (which approval may not unreasonably be withheld, conditioned or delayed), provided that PacifiCorp is not required to approve any modification of the Facility that (i) results in the Facility increasing its Nameplate Capacity Rating beyond that stated in Exhibit B, or (ii) is reasonably likely to result in the expected annual Net Output, as calculated in Exhibit A, to increase by more than ten percent (10%). At the written request of Xxxxxx, PacifiCorp shall exercise reasonable efforts to maintain the confidentiality of information provided pursuant to this Section 6.1.
As-Built Supplement. Upon completion of construction of the Facility, Seller shall provide Buyer the As-Built Supplement. The As-Built Supplement shall be deemed effective and shall be added to Exhibit 6.1 when it has been reviewed and approved by Buyer. If the proposed As-Built Supplement does not accurately describe the Facility as actually built or is otherwise defective as to form in any material respect, Buyer may within fifteen days after receiving the proposed As-Built Supplement give Seller a notice describing what Buyer wishes to correct. If Buyer does not give Seller such a notice within the fifteen (15) day period, the As- Built Supplement shall be deemed approved. If Buyer provides a timely notice requiring corrections, Seller shall in good faith cooperate with Buyer to revise the As-Built Supplement to address Buyer’s concerns. Notwithstanding the foregoing, Buyer shall have no right to require Seller to relocate, modify or otherwise change in any respect any aspect of the Facility as actually built.
As-Built Supplement. Upon completion of initial construction of the Facility, and upon any subsequent material modification of the Facility, Project Manager shall provide PacifiCorp an as-built supplement to specify the actual Facility as built.
