Common use of Modifications/Alterations Clause in Contracts

Modifications/Alterations. On and after the Commercial Operation Date, Licensee shall have no right to change the approved design and Construction Documents or to make material Alterations to the System without receiving prior written approval of Trustees, except for minor field changes pursuant to Section 8.1. On and after the Commercial Operation Date, prior to undertaking any Alterations, Licensee shall submit to Trustees detailed and complete plans and specifications for the proposed Alterations. In Trustees’ sole discretion, Trustees may waive the requirement for detailed plans upon Licensee’s demonstration that the proposed Alteration consists solely of modification or replacement of like-kind equipment. Trustees shall not unreasonably delay or withhold written approval of Licensee’s proposed Alteration. However, as a condition to consenting to the Alterations, Trustees may impose reasonable requirements, including the requirement that Licensee provide Trustees with a surety bond or other financial assurance that the cost of the Alterations will be paid when due, and reimbursement of any costs incurred by Trustees in responding to Licensee’s request. Any such Alterations shall be performed in accordance with all Applicable Laws, including any and all necessary permits and approvals by Trustees. Licensee agrees to provide Trustees with sufficient advance notice of any proposed Alterations to allow the coordination and approval by Trustees of the construction schedule for such Alterations.