Common use of Financing of Investments Clause in Contracts

Financing of Investments. (a) No later than August 1st of each calendar year during the Lease Term, Lessee shall notify Lessor in writing (the “Investments Notice”) of each Investment which Lessee is planning or is required by applicable Law to make in the succeeding calendar year pursuant to Section 10.1. Each Investments Notice shall include: (i) a description of the Investments and the design and material equipment to be used in such Investments; (ii) a proposed timeline for designing, engineering, procuring, permitting and constructing the respective Investments; and (iii) the expected total and monthly capital costs for Lessee to design, engineer, procure, permit and construct the respective Investments. Lessee shall provide to Lessor such additional information with respect to the Investments as Lessor may reasonably request. (b) If pursuant to Section 10.1, Lessor is not obligated to and does not elect, in its discretion, to finance any Investment, Lessee may, in its sole discretion, elect to finance the capital costs associated with such Investment as outlined in the Investments Notice. (c) Within thirty (30) days from receipt of the Investments Notice, Lessor and Lessee shall promptly meet to agree on: (i) the final design and material equipment to be used in the respective Investments; (ii) the final timeline for designing, engineering, procuring, permitting and constructing the respective Investments; and (iii) the total capital costs (the “Investments Total Capital Costs”) and the monthly capital costs required to design, engineer, procure, permit and construct the respective Investments.

Appears in 2 contracts

Samples: Facility Lease Agreement (Wisconsin Energy Corp), Facility Lease Agreement (Wisconsin Energy Corp)

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Financing of Investments. (a) No later than August 1st of each calendar year during the Lease Term, Lessee shall notify Lessor in writing (the "Investments Notice") of each Investment which Lessee is planning or is required by applicable Law to make in the succeeding calendar year pursuant to Section 10.1. Each Investments Notice shall include: (i) a description of the Investments and the design and material equipment to be used in such Investments; (ii) a proposed timeline for designing, engineering, procuring, permitting and constructing the respective Investments; and (iii) the expected total and monthly capital costs for Lessee to design, engineer, procure, permit and construct the respective Investments. Lessee shall provide to Lessor such additional information with respect to the Investments as Lessor may reasonably request. (b) If pursuant to Section 10.1, Lessor is not obligated to and does not elect, in its discretion, to finance any Investment, Lessee may, in its sole discretion, elect to finance the capital costs associated with such Investment as outlined in the Investments Notice. (c) Within thirty (30) days from receipt of the Investments Notice, Lessor and Lessee shall promptly meet to agree on: (i) the final design and material equipment to be used in the respective Investments; (ii) the final timeline for designing, engineering, procuring, permitting and constructing the respective Investments; and (iii) the total capital costs (the "Investments Total Capital Costs") and the monthly capital costs required to design, engineer, procure, permit and construct the respective Investments.

Appears in 2 contracts

Samples: Facility Lease Agreement (Wisconsin Electric Power Co), Facility Lease Agreement (Wisconsin Electric Power Co)

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