Common use of As-Built Supplement Clause in Contracts

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 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; and (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.