Expansion of the Facility Sample Clauses

Expansion of the Facility. Seller, or any Affiliates thereof, shall not enter into any contract for the sale of solar energy or Electrical Products from any addition to or expansion of the Facility, until and unless (i) Seller shall have first offered in writing (in the form of a proposal contract) to enter into a contract with Georgia Power on business terms substantially the same, or more favorable to Georgia Power, as those specified in a) any proposal or letter of intent between Seller and any other party with respect thereto or b) this Agreement, and (ii) Georgia Power does not accept such offer within sixty (60) Days of the date presented to Georgia Power in writing (or such shorter period of time as is appropriate to the term and type of sale contemplated by Xxxxxx) and including a notice to Seller that Georgia Power is ready and willing to enter into a contract reflecting such business terms within ninety (90) Days thereafter (or such shorter period of time as is appropriate to the term and type of sale contemplated by Xxxxxx). For the avoidance of doubt, nothing in this Section 7.5 shall be construed to abrogate the obligation to sell and purchase renewable energy pursuant to PURPA.

Expansion of the Facility. The Facility shall have a maximum initial waste processing capacity to: (i) process waste produced by up to 720,000 Layers on a daily basis, and (ii) supply electricity up to 0.8 megawatt per hour on a daily basis. CAPL undertakes to increase the amount of waste supplied by the Farm to beyond 720,000 Layers (but not exceeding 1,500,000 Layers) (the “Expansion”) on a daily basis within five years from the date of the Agreement. The Expansion will be subject to further negotiations between the Parties and further announcements will be made by the Company, where necessary.

Expansion of the Facility. The Joint Project Agreement contemplates that the Company and PG&E, either jointly or separately, may expand the Facility (subject to applicable regulatory requirements) beyond the current capacity of 20 Bcf through the development of another discrete formation of the storage field (the “Expansion Facility”). The overall ownership interest of each of Xxxx Ranch and PG&E in the Facility and the Expansion Facility may be adjusted based on the revised allocation of the aggregate working capacity of the Facility and the Expansion Facility upon the commercial operation of the Expansion Facility. The Company’s 75% interest in the 20 Bcf of the storage capacity of the Facility and the associated costs and revenues shall not be affected, unless the total storage capacity of the Facility is expanded, in which case its interest will be increased or diluted based on whether the Company elects to participate in the Expansion Facility and only if additional capacity is added. Based upon the foregoing, the Purchasers agree that, in the event an Expansion Facility is commenced, the Company may provide for the execution of a common facilities agreement or other similar arrangement with an affiliate seeking to develop the Expansion Facility; provided that any Indebtedness incurred in connection with the development of the Expansion Facility shall be subject to the requirements of Sections 9.11, 10.1 and 10.3 hereof.

Expansion of the Facility. The Parties agree that expansion of the Facility is solely Xxxxx’x responsibility. Xxxxx will cause the expansion of the Facility on the Site to be carried out in accordance with all applicable State and local laws and regulations, and completed to Beneficial Occupancy. The Facility will not encroach upon nor overhang upon any easement or right of way. The Facility will be located wholly within any applicable building restriction lines, however established, and will not violate restrictions contained in prior conveyances or applicable protective covenants or restrictions.