Common use of Facility Maintenance Clause in Contracts

Facility Maintenance. Seller shall perform, or cause to be performed, all scheduled and unscheduled maintenance required on the Facilities in order to meet the Warranty Specifications and Performance Standards. In that regard, Seller’s responsibilities hereunder shall include, without limitation, promptly correcting any Bloom System or BOF malfunctions, either by (i) recalibrating or resetting the malfunctioning Bloom System or BOF, or (ii) subject to Section 5.7(b), repairing or replacing Bloom System or BOF components which are defective, damaged, worn or otherwise in need of repair or replacement. Seller agrees to respond in a timely manner to any Facility outage or other casualty that materially reduces power output or materially impairs the capability of the Battery Solution to load shift, peak shave or run (with the Bloom System) in islanded mode, by (A) promptly diagnosing the source of such issue and, (B) if on-Site Facility Services are required, using its best efforts to (1) dispatch field service personnel to the Site within six (6) hours of Seller’s Knowledge that such on-Site Facility Services are required, and (2) cause its field service personnel to arrive at the applicable Site in order to commence repair services at the applicable Facility no later than the next Business Day. Without in any way limiting the foregoing, Seller shall in any event comply with any and all response time(s) and/or corrective activity(ies) required by the applicable PPA(s).

Facility Maintenance. Seller shall perform, or cause to be performed, all scheduled and unscheduled maintenance required on the Facilities in order to meet perform in accordance with the Warranty Specifications and Performance Standards. In that regard, Seller’s responsibilities hereunder shall include, without limitation, promptly correcting any Bloom System or BOF malfunctions, either by (ix) recalibrating or resetting the malfunctioning Bloom System or BOF, or (iiy) subject to Section 5.7(b), repairing or replacing Bloom System or BOF components which are defective, damaged, worn or otherwise in need of repair or replacement. Seller agrees to respond in a timely manner to any Facility outage or other casualty that materially reduces power output or materially impairs the capability of the Battery Solution to load shift, peak shave or run (with the Bloom System) in islanded mode, by (Ai) promptly diagnosing the source of such issue and, (Bii) if on-Site Facility Services are required, using its best efforts to (1A) dispatch field service personnel to the Site within six (6) hours of Seller’s Knowledge that such on-Site Facility Services are required, and (2B) cause its field service personnel to arrive at the applicable Site in order to commence repair services at the applicable Facility no later than the next Business Day. Without in any way limiting the foregoing, Seller shall in any event comply with any and all response time(s) and/or corrective activity(ies) required by the applicable PPA(s).34