Common use of Condition Upon Delivery of Possession to Owner Lessor Clause in Contracts

Condition Upon Delivery of Possession to Owner Lessor. In connection with the delivery of possession of the Facility by the Facility Lessee to the Owner Lessor pursuant to Section 5.1, the Facility Lessee shall ensure, at the Facility Lessee's sole cost and expense, that the Facility complies with each of the following conditions: (a) the Facility (including all Required Modifications and Nonseverable Modifications) will be in at least as good condition as if it had been maintained, repaired and operated during the Facility Lease Term in compliance with the provisions of this Facility Lease, ordinary wear and tear and degradation excepted; (b) the Facility shall be free and clear of all Liens other than Permitted Post Facility Lease Term Liens; (c) the Facility control capability will be operational such that the Facility can be operated independently of any other power generation facility owned or operated by the Facility Lessee; (d) the Facility shall have at least the capability and functional ability to perform, substantially at the ratings for which it was designed in normal commercial operation, all functions for which it was designed (normal wear and tear and degradation excepted); and (e) no Component shall be a temporary Component and any Replacement Component shall comply with Prudent Industry Practice. The Facility Lessee, at the request of the Owner Lessor, shall lease (subject to all existing encumbrances) to the Owner Lessor (or its designee) at the then Fair Market Rental Value thereof under the Head Lease, determined by agreement between the Facility Lessee and the Owner Lessor or, absent agreement, by an appraisal conducted according to the Appraisal Procedures, any or all Optional Modifications that are Removable Modifications and which have been made to the Facility following the Lease Commencement Date. The Facility Lessee shall enter into any amendments or modifications to the Head Lease necessary to cause such Modifications to be subject thereto; provided, that title to such Modifications will remain vested in the Head Lessor. The appraiser's fees and expenses incurred pursuant to this clause shall be paid by the Owner Lessor.

Condition Upon Delivery of Possession to Owner Lessor. In connection with the delivery of possession of the Facility by the Facility Lessee to the Owner Lessor pursuant to Section 5.1, the Facility Lessee shall ensure, at the Facility Lessee's Xxxxxx’s sole cost and expense, that the Facility complies with each of the following conditions: : (a) the Facility (including all Required Modifications and Nonseverable Modifications) will be in at least as good condition as if it had been maintained, repaired and operated during the Facility Lease Term in compliance with the provisions of this Facility Lease, ordinary wear and tear and degradation excepted; ; (b) the Facility shall be free and clear of all Liens other than Permitted Post Facility Lease Term Liens; ; (c) the Facility control capability will be operational such that the Facility can be operated independently of any other power generation facility owned or operated by the Facility Lessee; ; (d) the Facility shall have at least the capability and functional ability to perform, substantially at the ratings for which it was designed in normal commercial operation, all functions for which it was designed (normal wear and tear and degradation excepted); and and (e) no Component shall be a temporary Component and any Replacement Component shall comply with Prudent Industry Practice. The Facility Lessee, at the request of the Owner Lessor, shall lease (subject to all existing encumbrances) to the Owner Lessor (or its designee) at the then Fair Market Rental Value thereof under the Head Lease, determined by agreement between the Facility Lessee and the Owner Lessor or, absent agreement, by an appraisal conducted according to the Appraisal Procedures, any or all Optional Modifications that are Removable Modifications and which have been made to the Facility following the Lease Commencement Date. The Facility Lessee shall enter into any amendments or modifications to the Head Lease necessary to cause such Modifications to be subject thereto; provided, that title to such Modifications will remain vested in the Head Lessor. The appraiser's ’s fees and expenses incurred pursuant to this clause shall be paid by the Owner Lessor.

Condition Upon Delivery of Possession to Owner Lessor. In connection with the delivery of possession of the Facility by the Facility Lessee to the Owner Lessor pursuant to Section 5.1, the Facility Lessee shall ensure, at the Facility Lessee's sole cost and expense, that the Facility complies with each of the following conditions: : (a) the Facility (including all Required Modifications and Nonseverable Modifications) will be in at least as good condition as if it had been maintained, repaired and operated during the Facility Lease Term in compliance with the provisions of this Facility Lease, ordinary wear and tear and degradation excepted; ; (b) the Facility shall be free and clear of all Liens other than Permitted Post Facility Lease Term Liens; ; (c) the Facility control capability will be operational such that the Facility can be operated independently of any other power generation facility owned or operated by the Facility Lessee; ; (d) the Facility shall have at least the capability and functional ability to perform, substantially at the ratings for which it was designed in normal commercial operation, all functions for which it was designed (normal wear and tear and degradation excepted); and and (e) no Component shall be a temporary Component and any Replacement Component shall comply with Prudent Industry Practice. The Facility Lessee, at the request of the Owner Lessor, shall lease (subject to all existing encumbrances) to the Owner Lessor (or its designee) at the then Fair Market Rental Value thereof under the Head Lease, determined by agreement between the Facility Lessee and the Owner Lessor or, absent agreement, by an appraisal conducted according to the Appraisal Procedures, any or all Optional Modifications that are Removable Modifications and which have been made to the Facility following the Lease Commencement Date. The Facility Lessee shall enter into any amendments or modifications to the Head Lease necessary to cause such Modifications to be subject thereto; provided, that title to such Modifications will remain vested in the Head Lessor. The appraiser's fees and expenses incurred pursuant to this clause shall be paid by the Owner Lessor.

Condition Upon Delivery of Possession to Owner Lessor. In connection with the delivery of possession of the Facility Undivided Interest by the Facility Lessee to the Owner Lessor pursuant to Section 5.1, the Facility Lessee shall ensure, at the Facility Lessee's ’s sole cost and expense, that the Facility Undivided Interest or the Facility, as applicable, complies with each of the following conditions: : (a) the Facility (including all Required Modifications and Nonseverable Modifications) will be in at least as good condition as if it had been maintained, repaired and operated during the Facility Lease Term in compliance with the provisions of this Facility Lease, ordinary wear and tear and degradation excepted; ; (b) the Facility Undivided Interest shall be free and clear of all Liens other than Permitted Post Facility Lease Term Liens; ; (c) the Facility control capability will be operational such that the Facility can be operated independently of any other power generation facility owned or operated by the Facility Lessee; ; (d) the Facility shall have at least the capability and functional ability to perform, substantially at the ratings for which it was designed in normal commercial operation, all functions for which it was designed (normal wear and tear and degradation excepted); and ; (e) no Component shall be a temporary Component and any Replacement Component shall comply with Prudent Industry Practice. The ; and (f) the Facility Lessee, at the request of the Owner Lessor, shall lease (subject to all existing encumbrances) to the Owner Lessor (or its designee) at the then Fair Market Rental Value thereof under the Head Lease, determined by agreement between the Facility Lessee and the Owner Lessor or, absent agreement, by an appraisal conducted according to the Appraisal Procedures, the Owner Lessor’s Percentage Interest in any or all Optional Modifications that are Removable Modifications and which have been made to the Facility following during the Facility Lease Commencement DateTerm and have not been removed prior to termination of this Facility Lease or the exercise of dispossessory remedies under Section 18.2. The Facility Lessee shall enter into any amendments or modifications to the Head Lease necessary to cause such Optional Modifications or Removable Modifications to be subject thereto; providedprovided that, that title to such Optional Modifications or Removable Modifications will remain vested in the Head Lessor. The appraiser's ’s fees and expenses incurred pursuant to this clause (f) shall be paid by the Owner Lessor.