Common use of Future Changes Clause in Contracts

Future Changes. In the event any change in law or other circumstances causes material harm to any Lessee Person, the Owner Participant, or any Affiliate of any thereof or in the event it is possible to eliminate or reduce any existing or potential material harm or create or increase any benefit available to any party each party agrees, if requested, to negotiate in good faith with each other party regarding amending the Operative Agreements or taking (or failing to take) any other appropriate action to remove or minimize such material harm or create or increase any benefit; provided, however, that no party shall be obligated to accept any amendment of any Operative Agreement or to take (or fail to take) any action if, in that party’s good faith judgment, such amendment, act or failure might cause such party or any Affiliate of such party any adverse effect (unless appropriately and satisfactorily indemnified therefor); provided further, however, that the party requesting the amendment or action shall pay, on an After-Tax Basis, the legal expenses of each other party; provided further, however, that the Tax Assumptions shall be adjusted as appropriate to reflect any such amendments, acts or failures to act of any party and provided, further, however, that nothing in this Section 10.10 shall be construed to limit any Lessee Person’s use or operation of the Facility under the Operative Documents.

Future Changes. In the event any change in law or other circumstances causes material harm to any Lessee Person, the Owner Participant, or any Affiliate of any thereof or in the event it is possible to eliminate or reduce any existing or potential material harm or create or increase any benefit available to any party party, each party agrees, if requested, to negotiate in good faith with each other party regarding amending the Operative Agreements or taking (or failing to take) any other appropriate action to remove or minimize such material harm or create or increase any benefit; provided, however, that no party shall be obligated to accept any amendment of any Operative Agreement or to take (or fail to take) any action if, in that party’s good faith judgment, such amendment, act or failure might cause such party or any Affiliate of such party any adverse effect (unless appropriately and satisfactorily indemnified therefor); provided further, however, that the party requesting the amendment or action shall pay, on an After-Tax Basis, the legal expenses of each other party; provided further, however, that the Tax Assumptions shall be adjusted as appropriate to reflect any such amendments, acts or failures to act of any party and provided, further, however, that nothing in this Section 10.10 shall be construed to limit any Lessee Person’s use or operation of the Facility under the Operative Documents.