Common use of Facility Modifications Clause in Contracts

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; or (C) installation of new batteries, or modification of existing batteries, at the Facility Site to compensate for degradation of the existing batteries; provided, however, that any such installation or modification shall not be performed with the intent or effect of increasing the Storage Nameplate Capacity of the Storage Facility.

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 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 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; or (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; or (C) installation of new batteries, or modification of existing batteries, at the Facility Site to compensate for degradation of the existing batteries; provided, however, that any such installation or modification shall not be performed with the intent or effect of increasing the Storage Nameplate Capacity of the Storage Facility.

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 FacilityModules. (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, Capacity or 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, 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, ’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, 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; Practices or (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; or (C) installation of new batteries, or modification of existing batteries, at the Facility Site to compensate for degradation of the existing batteries; provided, however, that any such installation or modification shall not be performed with the intent or effect of increasing the Storage Nameplate Capacity of the Storage Facility.

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 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 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, BuyerXxxxx’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; or (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; or (C) installation of new batteries, or modification of existing batteries, at the Facility Site to compensate for degradation of the existing batteries; provided, however, that any such installation or modification shall not be performed with the intent or effect of increasing the Storage Nameplate Capacity of the Storage Facility.

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 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 (vi) in any other manner, Buyer’s rights or obligations hereunder. Notwithstanding the foregoing, Buyer’s consent shall not be required for 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; or (C) installation of new batteries, or modification of existing batteries, at the Facility Site to compensate for degradation of the existing batteries; provided, however, that any such installation or modification shall not be performed with the intent or effect of increasing the Storage Nameplate Capacity of the Storage Facility.

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 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 (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; or (C) installation of new batteries, or modification of existing batteries, at the Facility Site to compensate for degradation of the existing batteries; provided, however, that any such installation or modification shall not be performed with the intent or effect of increasing the Storage Nameplate Capacity of the Storage Facility.