Common use of As-Built Supplement Clause in Contracts

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. 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. A, unless such change is required pursuant to Section 2.2.2 or Section 2.2.3. The Storage Facility, as reflected in the As-Built Supplement to be provided under this Section, may not not: (a) have a Storage Power Nameplate Capacity Rating that is less than exceeds the Guaranteed Storage Power Expected Nameplate Capacity Rating; or (b) result in the increase of the Maximum Delivery Rate. Seller may not modify the Storage Facility, whether by replacement or modification of the Storage Facility equipment or related infrastructure infrastructure, addition of battery storage 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, violating Section 6.1(a) or (b) above; provided, further, that in no event shall PacifiCorp be required to pay for purchase any Storage Energy Capacity Net Output at a rate above the Guaranteed Storage Power Expected Nameplate Capacity Rating or the Maximum Delivery Rate delivered in any hour to the Point of Delivery as a result of any such modification to the Storage Facility.‌‌‌Facility.

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.‌‌‌Facility.

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. A, unless such change is required pursuant to Section 2.2.2 or Section 2.2.3. The Storage Facility, as reflected in the As-Built Supplement to be provided under this Section, may not not: (a) have a Storage Power Nameplate Capacity Rating that is less than exceeds the Guaranteed Storage Power Expected Nameplate Capacity Rating; or (b) result in the increase of the Maximum Delivery Rate. Seller may not modify the Storage Facility, whether by replacement or modification of the Storage Facility equipment or related infrastructure infrastructure, addition of battery storage 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, violating‌ Section 6.1(a) or (b) above; provided, further, that in no event shall PacifiCorp be required to pay for purchase any Storage Energy Capacity Net Output at a rate above the Guaranteed Storage Power Expected Nameplate Capacity Rating or the Maximum Delivery Rate delivered in any hour to the Point of Delivery as a result of any such modification to the Storage Facility.‌‌‌Facility.‌