Common use of Certain Contracts and Agreements Clause in Contracts

Certain Contracts and Agreements. Without the consent of the Owner Participant, the Facility Lessee agrees that, except as required by the Operative Documents or the FILOT Lease, it will not enter into or become bound by any contract or agreement providing for the sale of energy produced from the Facility, or the purchase of services to be performed at, for or in connection with, the Facility or any other contract or agreement relating to the Facility that (i) has a term that extends beyond the Basic Lease Term or the scheduled expiration of any Renewal Lease Term then in effect or elected by the Facility Lessee, unless such contract or agreement may be terminated by the Facility Lessee without material costs or obligation prior to the Basic Lease Term or the scheduled expiration of such Renewal Lease Term, as the case may be or (ii) results in any lien, encumbrance, restriction or agreement relating to the Facility which extends beyond the expiration of the Facility Lease Term or which binds the Facility or the owner of the Facility beyond the expiration of the Facility Lease Term; provided that nothing in this Section 5.12 shall prevent the Operator from entering agreements to operate the Facility in accordance with the Operative Documents and the FILOT Lease.

Certain Contracts and Agreements. Without the consent of the Owner Participant, the Facility Lessee agrees that, except as required by the Operative Documents or the FILOT South Point Ground Lease, it will not enter into or become bound by any contract or agreement providing for the sale of energy produced from the Facility, or the purchase of services to be performed at, for or in connection with, the Facility or any other contract or agreement relating to the Facility that (i) has a term that extends beyond the Basic Lease Term or the scheduled expiration of any Renewal Lease Term then in effect or elected by the Facility Lessee, unless such contract or agreement may be terminated by the Facility Lessee without material costs or obligation prior to the Basic Lease Term or the scheduled expiration of such Renewal Lease Term, as the case may be or (ii) results in any lien, encumbrance, restriction or agreement relating to the Facility which extends beyond the expiration of the Facility Lease Term or which binds the Facility or the owner of the Facility beyond the expiration of the Facility Lease Term; provided that nothing in this Section 5.12 shall prevent the Operator from entering agreements to operate the Facility in accordance with the Operative Documents and the FILOT South Point Ground Lease.

Certain Contracts and Agreements. Without the consent of the Owner Participant, the Facility Lessee agrees that, except as required by the Operative Documents or the FILOT LeaseDocuments, it will not enter into or become bound by any contract or agreement providing for the sale of energy produced from the Facility, or the purchase of services to be performed at, for or in connection with, the Facility or any other contract or agreement relating to the Facility that (i) has a term that extends beyond the Basic Lease Term or the scheduled expiration of any Renewal Lease Term then in effect or elected by the Facility Lessee, unless such contract or agreement may be terminated by the Facility Lessee without material costs or obligation prior to the Basic Lease Term or the scheduled expiration of such Renewal Lease Term, as the case may be or (ii) results in any lien, encumbrance, restriction or agreement relating to the Facility which extends beyond the expiration of the Facility Lease Term or which binds the Facility or the owner of the Facility beyond the expiration of the Facility Lease Term; provided that nothing in this Section 5.12 shall prevent the Operator from entering agreements to operate the Facility in accordance with the Operative Documents and the FILOT LeaseDocuments.

Certain Contracts and Agreements. Without the consent of the Owner Participant, the Facility Lessee agrees that, except as expressly required by the Operative Documents Owners Agreement (and the Facility Lessee agrees to exercise its rights under the Owners Agreement in such a manner to avoid any such requirement) or the FILOT LeaseOperative Documents, it will not enter into or become bound by any contract or agreement providing for the sale of energy produced by or from the FacilityFacility Interest, or the purchase of services to be performed at, for or in connection with, the Facility or any other contract or agreement relating to the Facility Interest that (i) has a term that extends beyond the Basic Lease Term scheduled Expiration Date or the scheduled expiration of any Renewal Lease Term then in effect or irrevocably elected by the Facility Lessee, unless such contract or agreement may be terminated by the Facility Lessee without material costs or obligation to any Person prior to the Basic Lease Term such Expiration Date or the scheduled expiration of such Renewal Lease Term, as the case may be or (ii) results in any lien, encumbrance, restriction or agreement relating to the Facility which extends beyond the expiration of the Facility Lease Term or which binds the Facility or the owner of the Facility beyond the expiration of the Facility Lease Termbe; provided that nothing in this Section 5.12 5.21 shall prevent the Operator from entering agreements to operate the Facility Interest in accordance with the Operative Documents and Owners Agreement (subject to the FILOT Leaseparenthetical above in this Section 5.21), or prevent the Facility Lessee or any other Person from entering into any contract or agreement that relates exclusively to any other undivided interest in the Facility which could not reasonably be expected to result in any costs or expense to the Owner Lessor, as owner of the Facility Interests, or otherwise adversely affect the value, utility or remaining useful life of the Facility.