Modification of Project. The Company shall have the right at any time and from time to time during the Term hereof to undertake any of the following: (i) The Company may renovate the Project and, in connection therewith, to the extent permitted by the Act, install Replacement Property in the Project. Notwithstanding anything in this Agreement to the contrary, the Company shall be entitled in its discretion from time to time to delete or remove any portions of the Project, or to add any (non-Project) property to the Plant as may be used in conjunction with the Project or otherwise. (ii) In any instance where the Company in its discretion determines that any part of the Project, including without limitation any items of Equipment, have become inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary for operations at the Plant, the Company may remove such part of the Project, including without limitation any items of Equipment, and sell, trade-in, exchange or otherwise dispose of them (as a whole or in part) without the consent of the County. No modification or disposition of the Project effected under the provisions of this Section shall by itself entitle the Company to any abatement or diminution of Additional Payments payable under Section
Appears in 5 contracts
Samples: Fee Agreement, Fee Agreement, Fee Agreement
Modification of Project. β The Company shall have the right at any time and from time to time during the Term hereof to undertake any of the following:
(i) The Company may renovate the Project and, in connection therewith, to the extent permitted by the Act, install Replacement Property in the Project. Notwithstanding anything in this Agreement to the contrary, the Company shall be entitled in its discretion from time to time to delete or remove any portions of the Project, or to add any (non-Project) property to the Plant as may be used in conjunction with the Project or otherwise.
(ii) In any instance where the Company in its sole discretion determines that any part of the Project, including without limitation any items of Equipment, have become inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary for operations at the Plant, the Company may remove such part of the Project, including without limitation any items of Equipment, and sell, trade-in, exchange or otherwise dispose of them (as a whole or in part) without the consent of the County. No modification or disposition of the Project effected under the provisions of this Section shall by itself entitle the Company to any abatement or diminution of Additional Payments payable under Section
Appears in 2 contracts
Samples: Fee Agreement, Fee Agreement
Modification of Project. The Company shall have the right at any time and from time to time during the Term hereof to undertake any of the following:
(i) The Company may renovate the Project and, in connection therewith, to the extent permitted by the Act, install Replacement Property in the Project. Notwithstanding anything in this Agreement to the contrary, the Company shall be entitled in its discretion from time to time to delete or remove any portions of the Project, or to add any (non-Project) property to the Plant as may be used in conjunction with the Project or otherwise.
(ii) In any instance where the Company in its sole discretion determines that any part of the Project, including without limitation any items of Equipment, have become inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary for operations at the Plant, the Company may remove such part of the Project, including without limitation any items of Equipment, and sell, trade-in, exchange or otherwise dispose of them (as a whole or in part) without the consent of the County. No modification or disposition of the Project effected under the provisions of this Section shall by itself entitle the Company to any abatement or diminution of Additional Payments payable under Section
Appears in 1 contract
Samples: Fee Agreement
Modification of Project. β The Company shall have the right at any time and from time to time during the Term hereof to undertake any of the following:
(i) The Company may renovate the Project and, in connection therewith, to the extent permitted by the Act, install Replacement Property in the Project. Notwithstanding anything in this Agreement to the contrary, the Company shall be entitled in its discretion from time to time to delete or remove any portions of the Project, or to add any (non-Project) property to the Plant as may be used in conjunction with the Project or otherwise.
(ii) In any instance where the Company in its discretion determines that any part of the Project, including without limitation any items of Equipment, have become inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary for operations at the Plant, the Company may remove such part of the Project, including without limitation any items of Equipment, and sell, trade-in, exchange or otherwise dispose of them (as a whole or in part) without the consent of the County. No modification or disposition of the Project effected under the provisions of this Section shall by itself entitle the Company to any abatement or diminution of Additional Payments payable under Section
Appears in 1 contract
Samples: Fee Agreement