Facility upgrade Sample Clauses
A Facility Upgrade clause outlines the terms and conditions under which improvements or enhancements can be made to a facility covered by the agreement. It typically specifies the types of upgrades permitted, the approval process required (such as landlord or regulatory consent), and who bears the costs associated with the upgrades. For example, it may allow a tenant to install new equipment or renovate certain areas, provided they follow agreed procedures. The core function of this clause is to provide a clear framework for making changes to the facility, ensuring both parties understand their rights and obligations regarding upgrades, and preventing disputes over unauthorized modifications.
Facility upgrade.
(a) The Supplier shall use Commercially Reasonable Efforts to achieve Upgrade In- Service by no later than the Milestone Date for Upgrade In-Service.
(b) The Facility will be deemed to have achieved “Upgrade In-Service” at the point in time when:
(i) the Buyer has received a certificate from the Supplier in the form set out in Exhibit U;
(ii) the Buyer has received an IE Certificate, in the form set out in Exhibit V; and
(iii) the Facility has completed the Facility Upgrade Performance Test.
(c) Upgrade In-Service may be achieved in respect of part or all of the Upgrade Capacity provided that once Upgrade In-Service has been achieved, there shall be no further opportunity to increase the Achieved Upgrade Capacity.
(d) Once Upgrade In-Service is achieved, the value of the “Achieved Seasonal Upgrade Capacity” for each Season shall be established based on the result of the Facility Upgrade Performance Test performed in accordance with Exhibit W, and in particular with respect to the Electricity output (in MWh) for the lowest production hour of the Test Period, divided by one hour (“Upgrade Test Result”). If the Upgrade Test Result is greater than or equal to the Upgraded Capability Range at the highest ambient air temperature for the relevant hour (based on linear interpolation of the observed highest ambient air temperature falling between two indicated ambient air temperatures outlined in Section 2 of Exhibit W) then the Achieved Seasonal Upgrade Capacity shall be equal to the Seasonal Upgrade Capacity for each Season. If the Upgrade Test Result is less than the Upgraded Capability Range at the highest ambient air temperature for the relevant hour (based on linear interpolation of the observed highest ambient air temperature falling between two indicated ambient air temperatures outlined in Section 2 of Exhibit W) then:
(i) the Achieved Seasonal Upgrade Capacity for the Season in which the Facility Upgrade Performance Test was conducted shall be equal to the Seasonal Upgrade Capacity for such Season less the positive difference between the Upgraded Capability Range at the highest ambient air temperature for the relevant hour (based on linear interpolation of the observed highest ambient air temperature falling between two indicated ambient air temperatures outlined in Section 2 of Exhibit W) and the Upgrade Test Result; and
(ii) the Achieved Seasonal Upgrade Capacity for each Season other than the one in which the Facility Upgrade Performance Test was con...
Facility upgrade. Within 180 calendar days of the effective date of this Compliance Agreement Schedule, Agropur must develop and submit a completed Preliminary Engineering Report prepared by a professional engineer licensed in the state of Idaho, to the Department’s Twin Falls Regional Office, as specified below: ▇▇▇ ▇▇▇▇▇, Water Quality Staff Engineer Idaho Department of Environmental Quality ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Twin Falls, ID 83301 The Preliminary Engineering Report must include sufficient detail to support design and construction to address and eliminate the violations identified in Paragraph 3 of this Compliance Agreement Schedule, and meet the requirements of IDAPA ▇▇.▇▇.▇▇.▇▇▇, including, but not limited to:
A. A solution to address the existing undersized treatment system that prohibits the Facility from fully treating the regulated process wastewater and being in compliance with the effluent limits and flow limit identified in the IPDES Permit. The facility upgrade must consider the following: • Multiple treatment trains with parallel and serial capability • Multiple process control sample locations • Full system redundancy with remote alarms • Out-of-specification wastewater rerouted back into treatment system • Installation of a magmeter to be used for flow measurement • Water reduction or water recycling • Other viable options
B. A project implementation schedule with completion dates that addresses Paragraph 7 of this Compliance Agreement Schedule, for: • Plans and Specifications • System Construction • Operations and Maintenance Manuals, and • Record drawings
C. An implementation schedule to complete this upgrade that must identify a construction completion date not to exceed December 31, 2022, for all complete facility upgrades as identified in Paragraph 7 of this Compliance Agreement Schedule. The Department will review for approval the Preliminary Engineering Report. Ensure all submittals are provided to the Department taking into account the potential review timeline and the deadline for a completed facility upgrade.