Common use of Increased Oversight, Testing and Inspection Clause in Contracts

Increased Oversight, Testing and Inspection. 3.4.2.1 In addition to other remedies available under this Agreement, IFA shall be entitled to change the type and/or increase the level of its Oversight of the Project and Developer’s compliance with its obligations under the PPA Documents, in such manner and to such level as IFA sees fit, if at any time: a. The number of Uncured Noncompliance Points assessed against Developer equals or exceeds (i) 50, for any date occurring prior to three (3) months after the Substantial Completion Date or (ii) 40, for any date occurring on or after three (3) months after the Substantial Completion Date; b. There exists a Persistent Developer Default; or c. Developer receives one or more Warning Notices or Notices of Developer Default that may become a Default Termination Event as set forth in Section 20.3.1. 3.4.2.2 If IFA changes the type or increases the level of its Oversight pursuant to Section 3.4.2.1, then Developer shall pay and reimburse IFA within thirty (30) days after receipt of written demand and reasonable supporting documentation all reasonable increased costs and fees IFA incurs in connection with such action, including IFA’s Recoverable Costs. Such obligation to pay and reimburse shall apply to all changes in the type or increases in the level of IFA’s Oversight occurring until Developer has: a. Reduced the number of Uncured Noncompliance Points below the threshold triggering such heightened scrutiny; b. Reduced by fifty percent (50%) the number of Uncured Noncompliance Points outstanding on the date IFA delivers the Notice invoking such heightened scrutiny; c. Fully and completely cured the breaches and failures that are the basis for a potential Default Termination Event and any other then-existing Developer Defaults; and d. Completed delivery to IFA and performance of an approved remedial plan, if at any time during which IFA is so entitled IFA changes the type and/or increases the level of Oversight and IFA also requires Developer to prepare and implement a remedial plan pursuant to Section 19.2.6. 3.4.2.3 The foregoing does not preclude IFA, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and other Oversight at other times.

Increased Oversight, Testing and Inspection. 3.4.2.1 In addition to other remedies available under this Agreement, IFA shall be entitled to change the type and/or increase the level of its Oversight of the Project East End Crossing and Developer’s compliance with its obligations under the PPA Documents, in such manner and to such level as IFA sees fit, if at any time: a. The number of Uncured Noncompliance Points assessed against Developer equals or exceeds (i) 50seventy (70), for any date occurring prior to three (3) months after the Substantial Completion Date or (ii) 40fifty (50), for any date occurring on or after three (3) months after the Substantial Completion Date; b. There exists a Persistent Developer Default; or c. Developer receives one or more Warning Notices or Notices of Developer Default that may become a Default Termination Event as set forth in Section 20.3.1. 3.4.2.2 If IFA changes the type or increases the level of its Oversight pursuant to Section 3.4.2.1, then Developer shall pay and reimburse IFA within thirty (30) days after receipt of written demand and reasonable supporting documentation all reasonable increased costs and fees IFA incurs in connection with such action, including IFA’s Recoverable Costs. Such obligation to pay and reimburse shall apply to all changes in the type or increases in the level of IFA’s Oversight occurring until Developer has: a. Reduced the number of Uncured Noncompliance Points below the threshold triggering such heightened scrutiny; b. Reduced by fifty percent (50%) the number of Uncured Noncompliance Points outstanding on the date IFA delivers the Notice invoking such heightened scrutiny; c. Fully and completely cured the breaches and failures that are the basis for a potential Default Termination Event and any other then-existing Developer Defaults; and d. Completed delivery to IFA and performance of an approved remedial plan, if at any time during which IFA is so entitled IFA changes the type and/or increases the level of Oversight and IFA also requires Developer to prepare and implement a remedial plan pursuant to Section 19.2.6. 3.4.2.3 The foregoing does not preclude IFA, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and other Oversight at other times.

Increased Oversight, Testing and Inspection. ‌ 3.4.2.1 In addition to other remedies available under this Agreement, IFA shall be entitled to change the type and/or increase the level of its Oversight of the Project East End Crossing and Developer’s compliance with its obligations under the PPA Documents, in such manner and to such level as IFA sees fit, if at any time: a. The number of Uncured Noncompliance Points assessed against Developer equals or exceeds (i) 5070, for any date occurring prior to three (3) months after the Substantial Completion Date or (ii) 4050, for any date occurring on or after three (3) months after the Substantial Completion Date; b. There exists a Persistent Developer Default; or c. Developer receives one or more Warning Notices or Notices of Developer Default that may become a Default Termination Event as set forth in Section 20.3.1. 3.4.2.2 If IFA changes the type or increases the level of its Oversight pursuant to Section 3.4.2.1, then Developer shall pay and reimburse IFA within thirty (30) 30 days after receipt of written demand and reasonable supporting documentation all reasonable increased costs and fees IFA incurs in connection with such action, including IFA’s Recoverable Costs. Such obligation to pay and reimburse shall apply to all changes in the type or increases in the level of IFA’s Oversight occurring until Developer has: a. Reduced the number of Uncured Noncompliance Points below the threshold triggering such heightened scrutiny; b. Reduced by fifty percent (50%) % the number of Uncured Noncompliance Points outstanding on the date IFA delivers the Notice invoking such heightened scrutiny; c. Fully and completely cured the breaches and failures that are the basis for a potential Default Termination Event and any other then-existing Developer Defaults; and d. Completed delivery to IFA and performance of an approved remedial plan, if at any time during which IFA is so entitled IFA changes the type and/or increases the level of Oversight and IFA also requires Developer to prepare and implement a remedial plan pursuant to Section 19.2.6. 3.4.2.3 The foregoing does not preclude IFA, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and other Oversight at other times.

Increased Oversight, Testing and Inspection. ‌ 3.4.2.1 In addition to other remedies available under this Agreement, IFA shall be entitled to change the type and/or increase the level of its Oversight of the Project and Developer’s compliance with its obligations under the PPA Documents, in such manner and to such level as IFA sees fit, if at any time: a. The number of Uncured Noncompliance Points assessed against Developer equals or exceeds (i) 50, for any date occurring prior to three (3) months after the Substantial Completion Date or (ii) 40, for any date occurring on or after three (3) months after the Substantial Completion Date; b. There exists a Persistent Developer Default; or c. Developer receives one or more Warning Notices or Notices of Developer Default that may become a Default Termination Event as set forth in Section 20.3.1. 3.4.2.2 If IFA changes the type or increases the level of its Oversight pursuant to Section 3.4.2.1, then Developer shall pay and reimburse IFA within thirty (30) days after receipt of written demand and reasonable supporting documentation all reasonable increased costs and fees IFA incurs in connection with such action, including IFA’s Recoverable Costs. Such obligation to pay and reimburse shall apply to all changes in the type or increases in the level of IFA’s Oversight occurring until Developer has: a. Reduced the number of Uncured Noncompliance Points below the threshold triggering such heightened scrutiny; b. Reduced by fifty percent (50%) the number of Uncured Noncompliance Points outstanding on the date IFA delivers the Notice invoking such heightened scrutiny; c. Fully and completely cured the breaches and failures that are the basis for a potential Default Termination Event and any other then-existing Developer Defaults; and d. Completed delivery to IFA and performance of an approved remedial plan, if at any time during which IFA is so entitled IFA changes the type and/or increases the level of Oversight and IFA also requires Developer to prepare and implement a remedial plan pursuant to Section 19.2.6. 3.4.2.3 The foregoing does not preclude IFA, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and other Oversight at other times.times.‌

Increased Oversight, Testing and Inspection. 3.4.2.1 In addition to other remedies available under this Agreement, IFA shall be entitled to change the type and/or increase the level of its Oversight of the Project East End Crossing and Developer’s compliance with its obligations under the PPA Documents, in such manner and to such level as IFA sees fit, if at any time: a. The number of Uncured Noncompliance Points assessed against Developer equals or exceeds (i) 5070, for any date occurring prior to three (3) months after the Substantial Completion Date or (ii) 4050, for any date occurring on or after three (3) months after the Substantial Completion Date; b. There exists a Persistent Developer Default; or c. Developer receives one or more Warning Notices or Notices of Developer Default that may become a Default Termination Event as set forth in Section 20.3.1. 3.4.2.2 If IFA changes the type or increases the level of its Oversight pursuant to Section 3.4.2.1, then Developer shall pay and reimburse IFA within thirty (30) 30 days after receipt of written demand and reasonable supporting documentation for all reasonable increased costs and fees IFA incurs in connection with such action, including IFA’s Recoverable Costs. Such obligation to pay and reimburse shall apply to all changes in the type or increases in the level of IFA’s Oversight occurring until Developer has: a. Reduced the number of Uncured Noncompliance Points below the threshold triggering such heightened scrutiny; b. Reduced by fifty percent (50%) % the number of Uncured Noncompliance Points outstanding on the date IFA delivers the written Notice invoking such heightened scrutiny; c. Fully and completely cured the breaches and failures that are the basis for a potential Default Termination Event and any other then-existing Developer Defaults; and d. Completed delivery to IFA and performance of an approved remedial plan, if at any time during which IFA is so entitled IFA changes the type and/or increases the level of Oversight and IFA also requires Developer to prepare and implement a remedial plan pursuant to Section 19.2.6. 3.4.2.3 The foregoing does not preclude IFA, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and other Oversight at other times.

Increased Oversight, Testing and Inspection. ‌ 3.4.2.1 In addition to other remedies available under this Agreement, IFA shall be entitled to change the type and/or increase the level of its Oversight of the Project and Developer’s compliance with its obligations under the PPA Documents, in such manner and to such level as IFA sees fit, if at any time: a. The number of Uncured Noncompliance Points assessed against Developer equals or exceeds (i) 50, for any date occurring prior to three (3) months after the Substantial Completion Date or (ii) 40, for any date occurring on or after three (3) months after the Substantial Completion Date; b. There exists a Persistent Developer Default; or c. Developer receives one or more Warning Notices or Notices of Developer Default that may become a Default Termination Event as set forth in Section 20.3.1. 3.4.2.2 If IFA changes the type or increases the level of its Oversight pursuant to Section 3.4.2.1, then Developer shall pay and reimburse IFA within thirty (30) days after receipt of written demand and reasonable supporting documentation all reasonable increased costs and fees IFA incurs in connection with such action, including IFA’s Recoverable Costs. Such obligation to pay and reimburse shall apply to all changes in the type or increases in the level of IFA’s Oversight occurring until Developer has: a. Reduced the number of Uncured Noncompliance Points below the threshold triggering such heightened scrutiny; b. Reduced by fifty percent (50%) the number of Uncured Noncompliance Points outstanding on the date IFA delivers the Notice invoking such heightened scrutiny; c. Fully and completely cured the breaches and failures that are the basis for a potential Default Termination Event and any other then-existing Developer Defaults; and d. Completed delivery to IFA and performance of an approved remedial plan, if at any time during which IFA is so entitled IFA changes the type and/or increases the level of Oversight and IFA also requires Developer to prepare and implement a remedial plan pursuant to Section 19.2.6. 3.4.2.3 The foregoing does not preclude IFA, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and other Oversight at other times.