Generating Facility Repowering Clause Samples

Generating Facility Repowering. Notwithstanding anything else in this Agreement, Seller shall be permitted, without the consent of Anaheim, to modify the Generating Facility by (i) replacing existing Wind Turbines with new or different wind turbines having a projected useful life that is no shorter than the expected useful life of the existing Wind Turbines, so long as the aggregate Wind Turbine generating capacity after such replacement does not exceed 13.7 MW, (ii) adding energy storage devices that shall not negatively affect or interfere with the operation or maintenance of the Generating Facility, and/or (iii) making other changes reasonably required to facilitate the foregoing (“Facility Repower”). If Seller elects to undertake a Facility Repower: (a) No less than one hundred twenty (120) days prior to the commencement of the Facility Repower Period, Seller shall provide to Anaheim Notice of the Facility Repower pursuant to Section 3.10(c), which Notice shall describe in reasonable detail the work to be undertaken and include the expected start and end dates of the Facility Repower Period which shall not to exceed six (6) months. (b) In recognition of emerging technologies and opportunities that will continue to evolve during the Original Term extension(s), Seller shall have the right to incorporate the use of energy storage devices as a Generating Facility benefit, on the condition that (i) the incorporation of energy storage devices does not affect the Generating Facility’s RPS Compliance, (ii) the incorporation of energy storage devices does not (x) diminish Anaheim’s rights or benefits hereunder or (y) increase or materially change Anaheim’s obligations or liabilities hereunder, other than (A) with respect to Anaheim acting as Scheduling Coordinator for the Generating Facility (including, if applicable, any storage facilities), or (B) to the extent that Seller provides reasonable compensation to Anaheim, (iii) Seller is otherwise able to continue to comply with all obligations of Seller under this Agreement, and (iv) Seller obtains increased insurance in the types and amounts reasonably acceptable to Anaheim for the energy storage devices. (c) Seller shall deliver to Anaheim no less than one hundred twenty (120) days prior to the expected resumption of commercial operation of the Generating Facility following the Facility Repower Period, a price quote for all Products, Green Attributes, and Resource Adequacy Benefits, in each case only with regard to the energy storage devices ...