Facility Modifications. (a) Seller represents and warrants that there are no electric generating units or material users of Energy at or connected to the Facility other than the Photovoltaic Modules and the Storage Facility.
(b) Seller, without Buyer’s express prior written consent (which consent shall be in Buyer’s sole and absolute discretion), shall not make, or cause or permit to be made, any modification of or change to the Facility (including the Facility Site) or operations thereof (including a change in regulatory status or a change of the Balancing Authority applicable to the Facility) after the Commercial Operation Date that is inconsistent with the requirements of this Agreement or does not conform with the Facility description set forth in Schedule B, including the reliability requirements set forth in Attachment B-1 to Schedule B attached hereto, or reasonably would be expected to affect (i) the level of Nameplate Capacity or Storage Nameplate Capacity, Contract Capacity, Storage Capacity, Contract Energy, or Storage Energy, (ii) the tagging, scheduling, offering, bidding, metering or settlement of Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, Contract Energy, Storage Energy, or Other Electric Products, (iii) the representations and warranties of Seller set forth in this Agreement (including Section 4.2(e), Section 6.2(a) and Section 7.3(b)), (iv) the Facility’s, Contract Capacity’s, Storage Capacity’s, Contract Energy’s, Storage Energy’s, or Environmental Attributes’ eligibility for any Applicable Environmental Attribute Program, (v) negatively the type or quantity of Capacity-Related Benefits, Other Electric Products, or Environmental Attributes available to Buyer or (vi) in any other manner, Buyer’s rights or obligations hereunder. Notwithstanding the foregoing, Buyer’s consent shall not be required for (A) maintenance, repair or replacement of facilities or equipment in accordance with Accepted Industry Practices; (B) installation of new Inverter Block Units, installation of new DC collection systems and Photovoltaic Modules within existing Inverter Block Units, or modification of existing Inverter Block Units at the Facility Site to compensate for degradation of the existing Inverter Block Units or to achieve the Annual Expected Energy Quantity; provided, however, that any such installation or modification shall not be performed with the intent or effect of increasing the Nameplate Capacity of the Generating Facility; ...
Facility Modifications. 4.1 To the extent that a modification is made for the specific benefit of any particular party, costs of modification are to be proportionately born by those who directly benefit including the ILEC. The cost is allocated using the proportion of the new space occupied to the total new space made available.
Facility Modifications. You may materially modify, diminish or expand the Facility (or change its interior design, layout, FF&E, or facilities) only after you receive our prior written consent, which we will not unreasonably withhold or delay. You will pay our Rooms Addition Fee then in effect for each guest room you add to the Facility. If we so request, you will obtain our prior written approval of the plans and specifications for any material modification, which we will not unreasonably withhold or delay. You will not open to the public any material modification until we inspect it for compliance with the Approved Plans and System Standards.
Facility Modifications. Certain modifications must be made to the Facility in order to accommodate the Equipment and are listed on Schedule A attached hereto.
Facility Modifications. At its sole expense, the GRANTOR shall make such changes or modifications to the Facilities as the City Engineer may reasonably determine to be necessary or desirable to ensure that the Facilities continue to operate as originally designed and approved. Any changes or modifications to the Facilities may be made only with prior written authorization by the City Engineer or his or her designee.
Facility Modifications. 88.4.1. To the extent that a modification is made for the specific benefit of any particular party, costs of modification are to be proportionately born by those who directly benefit including the ILEC. The cost is allocated using the proportion of the new space occupied to the total new space made available.
88.4.2. If a non-requesting party benefits from the modification, e.g. using the opportunity to bring their equipment or arrangement into compliance with certain standards, or making adjustments leading to improvement, then the party will be deemed to be sharing. This party will be responsible for its share of the modification costs.
88.4.3. None of the costs will be allocated to a third party that gains incidental benefit, but did not cause the modification or modify their facilities.
88.4.4. If a current user of space subsequently initiates new uses of the modified facility by other parties to avoid modification costs or if new entrants use the facility, they will share in the modification costs. The modifying party(s) may recover a proportionate share of the modification costs from parties that later are able to obtain access as a result of the modification. If measurable depreciation has occurred as a result of the modification, the subsequent party may pay a lower cost.
88.4.5. Parties requesting or joining in a modification also will be responsible for resulting costs to maintain the facility on an ongoing basis.
Facility Modifications. Changes to any part of the Combined Facility configuration, equipment, or systems.
Facility Modifications. The Permit Holder must not construct, erect, attach or cause or permit any device, fixture, sign, fence or decoration to be installed or attached in any way to any part of the Facility without the prior written consent of the PGYSA. On expiry of the Permit, any permanent improvements and fixtures shall remain the property of the PGYSA and the Permit Holder may not be entitled to any compensations. Any temporary structures must be removed before the expiry of the Permit.
Facility Modifications. (a) Seller represents and warrants that there are no electric generating units or material users of Energy at or connected to the Facility other than the Wind Turbines and the Storage Facility.
(b) Seller, without Buyer’s express prior written consent (which consent shall be in Buyer’s sole and absolute discretion), shall not make, or cause or permit to be made, any modification of or change to the Facility (including the Facility Site) or operations thereof (including a change in regulatory status or a change of the Balancing Authority applicable to the Facility) after the [Effective] 127 [Commercial Operation]128 Date that is inconsistent with the requirements of this Agreement or does not conform with the Facility description set forth in Schedule B, including the reliability requirements set forth in Attachment B-1 to Schedule B attached hereto, or reasonably would be expected to affect (i) the level of Nameplate Capacity or Storage Nameplate Capacity, Contract Capacity, Storage Capacity, Contract Energy, or Storage Energy, (ii) the tagging, scheduling, offering, bidding, metering or settlement of Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, Contract Energy, Storage Energy, or Other Electric Products, (iii) the representations and warranties of Seller set forth in this Agreement (including Section 4.2(e), Section 6.2(a) and Section 7.3(b)),
Facility Modifications. (a) Seller represents and warrants that there are no electric generating units or material users of Energy at or connected to the Facility other than the Photovoltaic Modules.
(b) Seller, without Buyer’s express prior written consent (which consent shall be in Buyer’s sole and absolute discretion), shall not make, or cause or permit to be made, any modification of or change to the Facility (including the Facility Site) or operations thereof (including a change in regulatory status or a change of the Balancing Authority applicable to the Facility) after the Commercial Operation Date that is inconsistent with the requirements of this Agreement or reasonably would be expected to affect (i) the level of Nameplate Capacity, Contract Capacity or Contract Energy, (ii) the tagging, scheduling, offering, bidding, metering or settlement of Contract Capacity, Capacity-Related Benefits, Environmental Attributes, Contract Energy or Other Electric Products, (iii) the representations and warranties set forth in this Agreement (including Section 4.2(e), Section 6.2(a) and Section 7.3(b)), (iv) the Facility’s, Contract Capacity’s, Contract Energy’s or the Environmental Attributes’ eligibility for any Applicable Environmental Attribute Program, (v) negatively the type or quantity of Capacity- Related Benefits, Other Electric Products or Environmental Attributes available to Buyer or
