Biosolids Processing Maximization Sample Clauses

Biosolids Processing Maximization. During the Production Period, Phoenix will maximize its processing of biosolids at the Plant in order to maximize its production of On-spec Biogas and meet or exceed the QDT amounts of Biogas delivered to Developer. Phoenix will not knowingly alter its processes in a manner that materially adversely affects the production of On-spec Biogas, discontinue or reduce its biosolids treatment processes at the Plant, divert biosolids from the Plant, or otherwise create obstacles or impediments to meeting the Biogas QDT for On-spec Biogas in effect from time to time. Notwithstanding the foregoing, Phoenix may alter its processes at the Plant in a manner that materially adversely affects the production of On-spec Biogas if Phoenix keeps Developer whole by either fully compensating Developer for all resulting costs and losses, including any damages and/or penalties related to agreements for the sale of Project output and/or attributes, and/or fully reimbursing Developer, through a reduction in amounts otherwise due from Developer to Phoenix for all costs of designing, permitting, financing, installing, operating and maintaining improvements to the Processing Facility that allow the Processing Facility to process Biogas provided by Phoenix to the same quality and quantity as if Phoenix had not changed its process.
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