Common use of Design and location Clause in Contracts

Design and location. Exhibit A includes (i) a detailed description of the Project, including the anticipated number and manufacturer of the energy storage systems comprising the Project, and (ii) a map of the Site that depicts the Project location and the location of ancillary facilities, including the Interconnection Point. Seller may not modify Project’s design as set forth in Exhibit A unless such modification could not reasonably be expected to (x) have a material and adverse effect on either Party’s ability to perform its obligations under this Agreement; (y) materially move the Project’s location or the Interconnection Point; or (z) materially affect the Storage Contract Capacity, the charging rate, the Round- Trip Efficiency or the Duration of the Storage Facility during each Contract Year. If a proposed modification could reasonably be expected to have a consequence specified in clause (x), (y) or (z) of this Section 7.1(b), then Seller shall not implement such modification without Buyer’s prior written consent, which may be withheld by Buyer in its sole discretion. Seller shall deliver to Buyer an updated version of Exhibit A promptly following completion of any modification that changes the Project’s design as set forth in Exhibit A.

Design and location. Exhibit A includes (i) a detailed description of the Project, including the anticipated number and manufacturer of the energy storage systems comprising the Project, and (ii) a map of the Site that depicts the Project location and the location of ancillary facilities, including the Interconnection Point. Seller may not modify Project’s design as set forth in Exhibit A unless such modification could not reasonably be expected to (x) have a material and adverse effect on either Party’s ability to perform its obligations under this Agreement; (y) materially move the Project’s location or the Interconnection Point; or (z) materially affect the Storage Contract Capacity, the charging rate, the Round- Round-Trip Efficiency or the Duration of the Storage Facility during each Contract Year. If a proposed modification could reasonably be expected to have a consequence specified in clause (x), (y) or (z) of this Section 7.1(b), then Seller shall not implement such modification without Buyer’s prior written consent, which may be withheld by Buyer in its sole discretion. Seller shall deliver to Buyer an updated version of Exhibit A promptly following completion of any modification that changes the Project’s design as set forth in Exhibit A.

Design and location. Exhibit A includes (i) a detailed description of the Project, including the anticipated number and manufacturer of the energy storage systems comprising the Project, and (ii) a map of the Site that depicts the Project location and the location of ancillary facilities, including the Interconnection Point. Seller may not modify Project’s design as set forth in Exhibit A unless such modification could not reasonably be expected to (x) have a material and adverse effect on either Party’s ability to perform its obligations under this Agreement; (y) materially move the Project’s location or the Interconnection Point; or (z) materially affect the Storage Contract Capacity, the charging rate, the Round- Trip Efficiency or the Duration of the Storage Facility during each Contract Year. If a proposed modification could reasonably be expected to have a consequence specified in clause (x), (y) or (z) of this Section 7.1(b), then Seller shall not implement such modification without Buyer’s prior written consent, which may be withheld by Buyer in its sole discretion. Seller shall deliver to Buyer an updated version of Exhibit A promptly following completion of any modification that changes the Project’s design as set forth in Exhibit A.A.‌