Modifications to Facilities. Section 14.1 If improvements, alterations, or additions to the Facilities are required to meet the needs of Probex's business during the Term of this Agreement, Probex and PQS shall negotiate in good faith in an attempt to agree to make such alterations, additions, and modifications in a safe, expeditious, and cost efficient manner and in accordance with all local, state and federal requirements. The expense of such alterations, additions, and modifications shall be borne by Probex, using funds provided by Probex.
Section 14.2 If as a result of governmental rules, regulations, or orders it becomes necessary to make improvements, alterations, or additions to the Facilities during the Term of this Agreement in order for the Facilities to continue to function in support of Probex's business, PQS shall cooperate with Probex to make such alterations, additions, and modifications. To the extent such alterations, additions, or modifications are to the sole benefit of Probex, the expense of such alterations, additions, or modifications shall be borne by Probex. If the required alterations, additions, or modifications are of benefit to both Parties, then the expenses shall be borne proportionately by the Parties to the use.
Section 14.3 If the cost to PQS of providing the Services to support Probex's business should increase or decrease as a result of Section 14.1 or 14.2, PQS shall have the right, at PQS's sole discretion, to increase the fee referred to in Article IV by the amount of the increase and the obligation to decrease the fee by the amount of the actual decrease. The increase in fee will be limited to actual costs incurred by PQS.
Section 14.4 Notwithstanding anything to the contrary contained in Sections 14.1, 14.2 and 14.3 of this Agreement, Probex shall have no obligations to pay or reimburse PQS for any alteration, addition, or modification referenced in Sections 14.1, 14.2 and 14.3 to the extent such alteration, addition or modification is covered by PQS' indemnity to Probex under Section 9.2(a) of the Asset Purchase Agreement or Section 13.2.1 of this Agreement.
Section 14.5 Upon permanent removal of any of the Facilities from service by or on behalf of Probex, or the vacation of the Location by Probex, Probex will be solely responsible for (i) removal of tanks, piping, containment walls, concrete, pumps, and pump sheds, (ii) loading of tanks and related equipment on trucks, (iii) salvage of reusable parts, and (iv) removal of related construction ...
Modifications to Facilities. Except in the ordinary course of business, to provide or maintain reliable electric service or in accordance with the GPU Capital Budget, GPU shall not, nor shall GPU permit any of its Subsidiaries to, enter into any binding commitment to make any modification to any of its or its Subsidiaries' existing facilities that would require any material investment or expenditure material to GPU or, in the case of investment or expenditure by JCP&L, MetEd or Penelec, to the affected Subsidiary. GPU shall consult with FirstEnergy with respect to any binding commitment permitted by the previous sentence which will, or is reasonably likely to, continue for a period of twelve months or more.
Modifications to Facilities. The Grantor may from time to time, at its own expense, make any additions, modifications or improvements to the Facilities located wholly within the boundary lines of the Land that it may deem desirable for its business purposes and that do not adversely affect the value of the Facilities; provided that such additions, modifications or improvements will conform to the policies and purposes of the Act and the Code and shall be made in such a manner or to such an extent as to not affect the exemption from federal taxation of the interest on the Note. All additions, modifications and improvements made by the Grantor within the boundary lines of the Land shall become a part of the Facilities and the lien and security interest of this Trust Indenture shall immediately attach thereto.
Modifications to Facilities. Either Party may undertake modifications to its respective facilities which shall be designed, constructed and operated in accordance with this Interconnection Agreement and Good Utility Practice; provided however, if either Party proposes to make any change or modification to the configuration or operation of its facilities which may impact the facilities or system of the other, the Party proposing the change shall provide sufficient notice and information regarding such modification so that the other Party may evaluate the potential impact of such modification prior to the commencement of any work, and the Parties shall negotiate, in good faith, an amendment to this Interconnection Agreement as may be necessary to address the proposed change.
(a) Information provided under this Agreement may be designated by a Party to be Confidential Information hereunder, including, but not be limited to, information concerning the timing of such modification and how such modifications are expected to impact the other Party’s system. Unless a shorter period of time is appropriate for a Party to respond to an Emergency, or comply with Reliability Standards or Applicable Law, the Party desiring to perform such work shall provide the relevant drawings, plans and specifications to the other Party at least ninety (90) days in advance of the commencement of the work or such shorter period upon which the Parties may agree, which agreement shall not unreasonably be withheld, conditioned or delayed.
(b) In the event the Parties are unable to agree to appropriate amendments or modifications to this Interconnection Agreement pursuant to Section 21, PSCo will unilaterally file, on a timely basis, with FERC an amendment to this Interconnection Agreement.
(c) To the extent a Party modifies its facilities that Party shall be responsible for the costs of any additions, modifications or replacements that may be necessary to maintain or upgrade its facilities consistent with Applicable Law, rules and regulations, the Tariff, Good Utility Practice, and the Interconnection Guidelines. Each Party shall own any modifications to its facilities.
Modifications to Facilities. Either Party may undertake modifications to its respective facilities which shall be designed, constructed and operated in accordance with this Interconnection Agreement and Good Utility Practice; provided however, if either Party proposes to make any change or modification to the configuration or operation of its facilities which may impact the facilities or system of the other, the Party proposing the change shall provide sufficient notice and information regarding such modification so that the other Party may evaluate the potential impact of such modification prior to the commencement of any work, and the Parties shall negotiate, in good faith, an amendment to this Interconnection Agreement as may be necessary to address the proposed change.
Modifications to Facilities. At the Lead Agency's request, the Facility Owner shall make reasonable and necessary modifications to any existing Facilities or the Building Entrance to facilitate building access for the Project. Any requests by the Lead Agency for such modifications shall be made to the Facility Owner and/or Manager. Costs for such modifications shall be paid as allocated in the Project Agreement. The design and construction of any required modifications to any Facility or Building Entrance shall be subject to the review and approval by the Facility Owner and Participating Agencies. Any unauthorized modifications must be corrected at the expense of the Lead Agency.
Modifications to Facilities. (a) Each Loan Party shall have the right to make any alterations, modifications, renovations or improvements to any Project (individually, a "Modification") that such Loan Party considers necessary or desirable so long as such Modification (i) does not impair such Project's operation as a gas-fired combined cycle electric generation plant, (ii) does not reduce the value, utility, or the useful life of such Project (other than to an immaterial extent), and (iii) otherwise complies with clause (b) below.
(b) Each Loan Party shall not make any Capital Expenditures (other than Capital Expenditures which are funded with the proceeds of insurance or unconditional cash capital contributions or subordinated debt incurred pursuant to Section 5.21(j) made by the Pledgor to the Borrower) that would cause the aggregate of all such Capital Expenditures made by the Loan Parties in any period set forth below to exceed the amount set forth below for such period:
Modifications to Facilities. 43 Section 5.18 Accounting ........................................................ 43 Section 5.19 Tax-Free Status ................................................... 43 Section 5.20 Affiliate Transactions ............................................ 43 Section 5.21
Modifications to Facilities. Except as set forth in Section 6.17 of the Centerior or Ohio Edison Disclosure Schedule, no party shall, nor shall any party permit any of its Subsidiaries to, enter into any binding commitment to make any modification to any of its or its Subsidiaries' existing facilities that would require any material investment or expenditure.
Modifications to Facilities. Seller shall provide nine (9) months advance notice in writing to Buyer of any relocation or modification of any facilities associated with the Facilities in order to accommodate other generating units at the Facilities, or to make any other use of such facilities. In no event shall such relocation, modifications, or changes in use result in any increase in costs to Buyer under this Agreement. Seller shall consult with Buyer concerning any outages of Facilities used by Buyer which may result from such relocation, modifications, and changes, and Seller shall consider the effect upon Buyer when such outages are scheduled.
