Common use of Generating Facility Modifications Clause in Contracts

Generating Facility Modifications. Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Subject to Section 3.07(c), Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: Electric energy output by five percent of Expected Term Year Energy Production; or The type of Primary Fuel consumed by the Generating Facility. Seller shall only materially modify the Generating Facility if: Such modification is necessary because of (1) an imminent or actual mechanical failure of the Generating Facility, or (2) a mechanical defect of the Generating Facility that affects 30% of comparable equipment, in each case that is not a result of Seller’s negligence or failure to maintain the Generating Facility in accordance with Prudent Electrical Practices; and Seller provides Notice to Buyer as soon as possible after (1) such actual mechanical failure of the Generating Facility, or (2) Seller determines in its reasonable discretion that a mechanical failure of the Generating Facility is imminent; and A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and Results in capacity added to the Generating Facility over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal to 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW Or, Such modification is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-licensed professional engineer verifies that such modification is not oversized relative to other equipment on the market. With respect to Section 3.07(c), Seller shall bear the cost of the professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with the modification of the Generating Facility. Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification of the Generating Facility in accordance with this Section 3.07.

Generating Facility Modifications. (a) Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Subject to Section 3.07(c), . (b) Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: : (i) Electric energy output by five percent of Expected Term Year Energy Production; or or (ii) The type of Primary Fuel consumed by the Generating Facility. Seller shall only materially modify the Generating Facility if: Such modification is necessary because of . (1c) an imminent or actual mechanical failure of the Generating Facility, or (2) a mechanical defect of the Generating Facility that affects 30% of comparable equipment, in each case that is not a result of Seller’s negligence or failure to maintain the Generating Facility in accordance with Prudent Electrical Practices; and Seller provides Notice to Buyer as soon as possible after (1) such actual mechanical failure of the Generating Facility, or (2) Seller determines in its reasonable discretion that a mechanical failure of the Generating Facility is imminent; and A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and Results in capacity added Material modifications to the Generating Facility will result in the Generating Facility becoming a New Qualifying Facility; provided, however, that a Generating Facility that is modified or repowered will not be considered a New Qualifying Facility and modifications or repowering is permitted under this Agreement without further consideration, other than Notices required under Section 3.07(b), if: (i) Capacity added as a result of such modification or repower (including the addition of a steam turbine) over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): Current Turbine Name Plate on the Effective Date Increase to Turbine Name Plate Over the Term 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal 10MW, subject to the 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW Power Rating limitation, as set forth in Section 1.02. Or, , (ii) Such modification or repower is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-California- licensed professional engineer verifies that such modification or repower is not oversized relative to other equipment on the market. With respect to Section 3.07(c), Seller shall bear the cost of the such professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with the such modification of the Generating Facility. or repower. (d) Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. . (e) Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification or repowering of the Generating Facility in accordance with this Section 3.07.

Generating Facility Modifications. (a) Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. . (b) Subject to Section 3.07(c), Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: : (i) Electric energy output by five percent of Expected Term Year Energy Production; or or (ii) The type of Primary Fuel consumed by the Generating Facility. . (c) Seller shall only materially modify the Generating Facility if: : (i) Such modification is necessary because of (1) an imminent or actual mechanical failure of the Generating Facility, or (2) a mechanical defect of the Generating Facility that affects 30% of comparable equipment, in each case that is not a result of Seller’s negligence or failure to maintain the Generating Facility in accordance with Prudent Electrical Practices; and and (ii) Seller provides Notice to Buyer as soon as possible after (1) such actual mechanical failure of the Generating Facility, or (2) Seller determines in its reasonable discretion that a mechanical failure of the Generating Facility is imminent; and and (iii) A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and and (iv) Results in capacity added to the Generating Facility over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): Current Turbine Name Plate on the Effective Date Increase to Turbine Name Plate Over the Term 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal to 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW Or, , (v) Such modification is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-licensed professional engineer verifies that such modification is not oversized relative to other equipment on the market. (d) Separate and distinct from Seller’s rights under Section 3.07(c), Seller in its sole discretion may modify the Generating Facility if such modification does not increase the Power Rating of the Generating Facility by more than 10 percent. Such 10 percent increase shall be based upon the Power Rating of the Generating Facility on (i) the Effective Date (as set forth in Section 1.09), if the Generating Facility is an Existing CHP Facility, or (ii) the Term Start Date (as set forth in the Power Rating Notice), if the Generating Facility is a New CHP Facility. (e) With respect to Section 3.07(c), Seller shall bear the cost of the professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with the modification of the Generating Facility. . (f) Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. . (g) Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification of the Generating Facility in accordance with this Section 3.07. (h) Notwithstanding any modification of the Generating Facility, Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in excess of 131,400 MWh in any Term Year.

Generating Facility Modifications. (a) Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. . (b) Subject to Section 3.07(c), Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: : (i) Electric energy output by five percent of Expected Term Year Energy Production; or or (ii) The type of Primary Fuel consumed by the Generating Facility. . (c) Seller shall only materially modify the Generating Facility if: : (i) Such modification is necessary because of (1) an imminent or actual mechanical failure of the Generating Facility, or (2) a mechanical defect of the Generating Facility that affects 30% of comparable equipment, in each case that is not a result of Seller’s negligence or failure to maintain the Generating Facility in accordance with Prudent Electrical Practices; and and (ii) Seller provides Notice to Buyer as soon as possible after (1) such actual mechanical failure of the Generating Facility, or (2) Seller determines in its reasonable discretion that a mechanical failure of the Generating Facility is imminent; and and (iii) A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and and (iv) Results in capacity added to the Generating Facility over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): Current Turbine Name Plate on the Effective Date Increase to Turbine Name Plate Over the Term 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal to 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW Or, , (v) Such modification is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-licensed professional engineer verifies that such modification is not oversized relative to other equipment on the market. (d) Separate and distinct from Seller’s rights under Section 3.07(c), Seller in its sole discretion may modify the Generating Facility if such modification does not increase the Power Rating of the Generating Facility by more than 10 percent. Such 10 percent increase shall be based upon the Power Rating of the Generating Facility on (i) the Effective Date (as set forth in Section 1.10), if the Generating Facility is an Existing CHP Facility, or (ii) the Term Start Date (as set forth in the Power Rating Notice), if the Generating Facility is a New CHP Facility, an Expanded CHP Facility or a Repowered CHP Facility. (e) With respect to Section 3.07(c), Seller shall bear the cost of the professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with the modification of the Generating Facility. . (f) Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. . (g) Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification of the Generating Facility in accordance with this Section 3.07.

Generating Facility Modifications. (a) Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Subject to Section 3.07(c), . (b) Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: : (i) Electric energy output by five percent of Expected Term Year Energy Production; or or (ii) The type of Primary Fuel consumed by the Generating Facility. . (c) Seller shall only may not materially modify or repower the Generating Facility without prior written consent of Buyer; provided, however, that modifications or repowering will not be deemed material and is permitted under this Agreement without further consideration, other than Notices required under Section 3.07(b), if: Such modification is necessary because of : (1i) an imminent or actual mechanical failure of the Generating Facility, or (2) a mechanical defect of the Generating Facility that affects 30% of comparable equipment, in each case that is not Capacity added as a result of Seller’s negligence such modification or failure to maintain repower (including the Generating Facility in accordance with Prudent Electrical Practices; and Seller provides Notice to Buyer as soon as possible after (1addition of a steam turbine) such actual mechanical failure of the Generating Facility, or (2) Seller determines in its reasonable discretion that a mechanical failure of the Generating Facility is imminent; and A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and Results in capacity added to the Generating Facility over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): Current Turbine Name Plate on the Effective Date Increase to Turbine Name Plate Over the Term 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal to 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW Or, , (ii) Such modification or repower is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-California- licensed professional engineer verifies that such modification or repower is not oversized relative to other equipment on the market. With respect to Section 3.07(c), Seller shall bear the cost of the such professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with the such modification of the Generating Facility. or repower. (d) Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. . (e) Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification or repowering of the Generating Facility in accordance with this Section 3.07.

Generating Facility Modifications. Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Subject to Section 3.07(c), Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: Electric energy output by five percent of Expected Term Year Energy Production; or The type of Primary Fuel consumed by the Generating Facility. Seller shall only materially modify the Generating Facility if: Such modification is necessary because of (1) an imminent or actual mechanical failure of the Generating Facility, or (2) a mechanical defect of the Generating Facility that affects 30% of comparable equipment, in each case that is not a result of Seller’s negligence or failure to maintain the Generating Facility in accordance with Prudent Electrical Practices; and Seller provides Notice to Buyer as soon as possible after (1) such actual mechanical failure of the Generating Facility, or (2) Seller determines in its reasonable discretion that a mechanical failure of the Generating Facility is imminent; and A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and Results in capacity added to the Generating Facility over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal to 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW Or, Such modification is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-licensed professional engineer verifies that such modification is not oversized relative to other equipment on the market. With respect to Section 3.07(c), Seller shall bear the cost of the professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with the modification of the Generating Facility. Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification of the Generating Facility in accordance with this Section 3.07. Notwithstanding any modification of the Generating Facility, Buyer shall have no liability to make any energy payments to Seller for any electricity deliveries from the Generating Facility in excess of 131,400 MWh in any Term Year. Metering.

Generating Facility Modifications. (a) Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Subject to Section 3.07(c), . (b) Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: Electric energy : (i) Energy output by five percent of Expected Term Year Energy Production; or or (ii) The type of Primary Fuel consumed by the Generating Facility. Seller shall only materially modify the Generating Facility if: Such modification is necessary because of . (1c) an imminent or actual mechanical failure of the Generating Facility, or (2) a mechanical defect of the Generating Facility that affects 30% of comparable equipment, in each case that is not a result of Seller’s negligence or failure to maintain the Generating Facility in accordance with Prudent Electrical Practices; and Seller provides Notice to Buyer as soon as possible after (1) such actual mechanical failure of the Generating Facility, or (2) Seller determines in its reasonable discretion that a mechanical failure of the Generating Facility is imminent; and A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and Results in capacity added Material modifications to the Generating Facility by Seller shall not increase Buyer’s obligations under this Agreement without prior written approval of Buyer; provided. however. that modifications or repairs are permitted under this Agreement without further consideration, other than Notices required under Section 3.07(b), if: (i) Capacity added as a result of such modification or repair (including the addition of a steam turbine) over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): Current Turbine Name Plate on the Effective Xxxx 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal to 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW 50MW (ii) Or, Such modification or repair is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-California- licensed professional engineer verifies that such modification or repair is not oversized relative to other equipment on the market. With respect to Section 3.07(c), Seller Buyer shall bear the cost of the such professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with such modification or repair. An example of the modification or repair contemplated by this Section 3.07(c)(ii), based on technologies existing as of the Generating Facility. Effective Date, would be a basic model (e.g., no STIG) LM 2500 that is replaced with an LM 2500+ or an LM 5000 is replaced with an LM 6000. (d) Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification of the Generating Facility in accordance with this Section 3.07.

Generating Facility Modifications. (a) Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Subject to Section 3.07(c), . (b) Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: Electric energy : (i) Energy output by five percent of Expected Term Year Energy Production; or or (ii) The type of Primary Fuel consumed by the Generating Facility. Seller shall only materially modify the Generating Facility if: Such modification is necessary because of . (1c) an imminent or actual mechanical failure of the Generating Facility, or (2) a mechanical defect of the Generating Facility that affects 30% of comparable equipment, in each case that is not a result of Seller’s negligence or failure to maintain the Generating Facility in accordance with Prudent Electrical Practices; and Seller provides Notice to Buyer as soon as possible after (1) such actual mechanical failure of the Generating Facility, or (2) Seller determines in its reasonable discretion that a mechanical failure of If the Generating Facility is imminent; and A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and Results in capacity added an Existing Qualifying Facility, material modifications to the Generating Facility will result in the Generating Facility becoming a New Qualifying Facility; provided, however, that a Generating Facility that is modified, repaired, or repowered will not be considered a New Qualifying Facility and modifications, repairs or repowering is permitted under this Agreement without further consideration, other than Notices required under Section 3.07(b), if: (i) Capacity added as a result of such modification, repair or repower (including the addition of a steam turbine) over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): Current Turbine Name Plate on the Effective Date Increase to Turbine Name Plate Over the Term 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal to 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW Or, (ii) Such modification, Such modification repair or repower is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-licensed professional engineer verifies that such modification modification, repair, or repower is not oversized relative to other equipment on the market. With respect to Section 3.07(c), Seller Buyer shall bear the cost of the such professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with the modification such modification, repair, or repower. An example of the Generating Facility. modification, repair, or repower contemplated by this Section 3.07(c)(ii), based on technologies existing as of the Effective Date, would be a basic model (e.g., no STIG) LM 2500 that is repowered to an LM 2500+ or an LM 5000 is repowered to an LM 6000. (d) Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification of the Generating Facility in accordance with this Section 3.07.

Generating Facility Modifications. (a) Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Subject to Section 3.07(c), . (b) Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: Electric energy : (i) Energy output by five percent of Expected Term Year Energy Production; or or (ii) The type of Primary Fuel consumed by the Generating Facility. . (c) Seller shall only materially modify the Generating Facility if: Such upon 30 days advance Notice (or, if such material modification is due to an actual mechanical of the Generating Facility, as soon as possible after such failure) if such material modification: (i) Is necessary because of (1) an imminent or actual mechanical failure of the Generating Facility, or ; (2ii) a mechanical defect of Results in an increase in the Generating Facility that affects 30% of comparable equipment, in each case that is not a result of Seller’s negligence or failure to maintain the Generating Facility in accordance with Prudent Electrical Practices; and Seller provides Notice to Buyer as soon as possible after (1) such actual mechanical failure overall energy efficiency of the Generating Facility, or ; (2iii) Seller determines in its reasonable discretion that a mechanical failure of the Generating Facility is imminentDoes not violate Seller’s interconnection agreements; and A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and and (iv) Results in capacity added to the Generating Facility over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): Current Turbine Name Plate on the Effective Date 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal to 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW Or50MW (d) Notwithstanding any revision to the Firm Contract Capacity or the As-Available Contract Capacity set forth in Section 1.02(d), Such modification is reasonably necessary or to respond the Expected Term Year Energy Production set forth in Section 1.02(e), in each case due to a Force Majeure or a change in law or regulation, and a qualified California-licensed professional engineer verifies that such modification is not oversized relative to other equipment on the market. With respect to Section 3.07(c), Seller shall bear the cost of the professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with the modification of the Generating Facility. Facility in accordance with Section 3.07(c) (each such revision, collectively, the “Revisions”), all calculations made and other criteria used by Buyer to make Monthly Contract Payments to Seller shall be based on and adjusted to utilize the Firm Contract Capacity or As-Available Contract Capacity, as applicable, set forth in Section 1.02(d), and the Expected Term Year Energy Production set forth in Section 1.02(e), in each case immediately before any such Revisions. (e) Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification of the Generating Facility in accordance with this Section 3.07.