Inapplicable Terms. Notwithstanding anything to the contrary contained in this Power Purchase Agreement, the Parties hereto acknowledge and agree that (a) the Service Provider is not responsible for the construction of any Capital Improvement Projects under the Program Documents and any references herein to Capital Improvement Projects, CIP Acceptance Certificates or any other term defined by reference to Capital Improvement Projects (without limiting the application of any such term to the extent not related to Capital Improvement Projects) shall be of no further force and effect, and (b) as recited in the preambles hereof, there shall be no need for a County Security Agreement or a third- party County Security Provider, which due to the funding of the County Reserve no later than the Initial Basic Lease Payment Date, shall be the Company for purposes of the Program Documents. [balance of page intentionally left blank]
Inapplicable Terms. The following terms in the Data Processing and Security Terms (or similar successor terms) are excluded with respect to Bare Metal Solution:
Inapplicable Terms. Notwithstanding anything to the contrary contained in this Company Lease Agreement, the parties hereto acknowledge and agree that (a) the Lessee is not responsible for the construction of any Capital Improvements Projects under the Program Documents and any references herein to Capital Improvement Projects, CIP Acceptance Certificates or any other term defined by reference to Capital Improvement Projects (without limiting the application of any such term to the extent not related to Capital Improvement Projects) shall be of no further force and effect, [(b) there shall be no need for a Guarantor Security Agreement, a Guarantor Security Provider or Guarantor Security and any references thereto shall be of no further force and effect and (c) any Guarantor Security Fund Requirement shall equal $ ]. [To be revised based upon the terms of the successful Company RFP.]
