Modifications to Facility. From the Execution Date and throughout the Delivery Term, Seller shall not repower or materially modify or alter the Facility without the written consent of Buyer, which written consent is at Xxxxx’s sole discretion. Material modifications or alterations include, but are not limited to, (a) movement of the Site, (b) changes that may increase or decrease the expected output of the Facility (other than a one (1) time decrease based upon any adjustment to the Contract Capacity based on the Demonstrated Contract Capacity), (c) changes that may affect the generation profile of the Facility, (d) changes that may affect the ability to accurately measure the output of Product from the Facility and (e) changes that conflict with elections, information or requirements specified elsewhere in this Agreement (other than, to the extent not covered by clauses (a) through (d), as specified in the Cover Sheet). Material modifications or alterations do not include maintenance and repairs performed in accordance with Prudent Electrical Practices. Seller shall provide to Buyer Notice not less than ninety (90) days before any proposed repowering, modification or alteration occurs describing the repowering, modification or alteration to Buyer’s reasonable satisfaction and, if subject to Buyer’s consent pursuant to this Section 5.14, seeking Buyer’s written consent.
Modifications to Facility. From the Execution Date and throughout the Delivery Term, Seller shall not repower or materially modify or alter the Facility without the written consent of Buyer, which written consent is at Xxxxx’s sole discretion. Material modifications or alterations include, but are not limited to, (a) movement of the Site, (b) changes that may increase or decrease the expected output of the Facility (other than the following, each as provided in Section 2.2 above, the one (1) time decrease to Contract Quantity if the Contract Capacity is adjusted based on the Demonstrated Contract Capacity, the one (1) time increase to Contract Quantity, and the annual option to decrease Contract Quantity), (c) changes that may affect the generation profile of the Facility, (d) changes that may affect the ability to accurately measure the output of Product from the Facility, (e) changes to the Fuel Use description provided in Section B(xi) of the Cover Sheet, or a change to the selection as to whether the Facility will use fuel for Station Use that is not from a Fuel Resource Category provided in Section B(xii) of the Cover Sheet, and (f) changes that conflict with elections, information or requirements specified elsewhere in this Agreement (other than, to the extent not covered by clauses (a) through (e) in this Section 5.14, as specified in the Cover Sheet). Material modifications or alterations do not include maintenance and repairs performed in accordance with Prudent Electrical Practices. Seller shall provide to Buyer Notice not less than ninety (90) days before any proposed repowering, modification or alteration occurs describing the repowering, modification or alteration to Buyer’s reasonable satisfaction and, if subject to Buyer’s consent pursuant to this Section 5.14, seeking Buyer’s written consent.
Modifications to Facility. Subject to the provisions of this PPA, the RE Supplier shall not make any material modification to the Facility during the Term without the prior written consent of the BLPC, which consent may be given subject to conditions including the condition that any such modification be carried out using Good Utility Practice and in compliance with Laws and Regulations and all applicable provisions of the PPA. For certainty, the BLPC shall not be obliged to provide any such consent if the modification could reasonably be expected to have a material adverse effect on the rights or benefits of the BLPC under the PPA or on the Energy Bid or the Name Plate Capacity.
Modifications to Facility. (a) COMPANY has agreed to pay for the costs and expenses associated with the modifications to Building 2 of DPT’s facilities as more particularly described on Schedule 2.10 attached hereto and incorporated herein (the “Project”). DPT will act as the manager for the Project. As manager, DPT will obtain quotations, prepare specifications, prepare proforma purchase orders and conceptual designs. Final design and specifications for the Project will be agreed upon by the Company in writing. COMPANY will prepare purchase orders directly to the contractors and vendors. DPT will direct and manage the contractors and vendors in execution of the project. Requests for payment will be submitted by the contractors and vendors to DPT for approval and forwarded to COMPANY for approval and payment. All payments will be issued by COMPANY directly to the vendors and contractors.
(b) The initial estimate of the cost of the Project, as set forth in Schedule 2.10, was estimated by DPT based on preliminary conceptual engineering. Final engineering will determine the final cost of the Project. Due to the abbreviated schedule required by COMPANY, the construction and ordering of equipment will need to commence prior to final engineering design. As a result, the initial quotations from Contractors and vendors will be an estimate. Purchase Orders will be issued based on these estimates to the contractors and vendors. Changes to the purchase orders will be issued based on the final design. COMPANY shall be responsible for any cost overruns associated with the ** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST.
Modifications to Facility. 1.1 In the event that the Parties mutually agree that certain modifications to the Facility are necessary solely for the Manufacture of the Intermediate Material, Client shall make a nonrefundable payment to JMPS in a mutually agreed amount, such amount to be the good faith estimated cost of the modifications (“Modification Deposit”).
1.2 Prior to receipt of the Modification Deposit, JMPS will initiate an engineering scope for manufacturing plant modifications and will initiate construction within a commercially reasonable timeframe based on such scope.
Modifications to Facility. There shall be no additional structural, mechanical, or electrical development, modification, or alteration to the Facility without prior written consent of District and City.
Modifications to Facility. During the Delivery Term, Seller shall not repower or materially modify or alter the Facility without the written consent of Buyer. Material modifications or alterations include, but are not limited to, (i) movement of the Site,
Modifications to Facility. (a) Seller may update Exhibit F by Notice to Buyer pursuant to Section 16.7 one time during the Term of this Agreement according to the provisions set forth in this Section 15.1(a); provided that if any update would result in a material increase to the expected output of the Facility as represented by the Contract Quantity then Seller must obtain Buyer’s consent to such change which such consent shall not be unreasonably withheld, conditioned or delayed. Seller’s updated Exhibit F will be deemed to replace the then-existing Exhibit F without any further action of the Parties.
(b) Seller shall provide Buyer with advance Notice at the earliest practicable time of any further proposed material changes to the Facility as described in Exhibit F, but in no event less than ninety
Modifications to Facility a. All requests for permission to modify park grounds must be brought to the attention of the DISTRICT. Requests must include a “Letter of Intent”, accompanied by construction drawings and specifications. If approved, the DISTRICT will provide written permission to ACTA.
b. ACTA is not to make any changes to the permanent structures, or add any permanent structures to the facilities without DISTRICT approval.
c. Any facility malfunctions or damage is to be reported to DISTRICT. The party responsible for labor and payment for repair will be determined.
d. No signage is to be added to facility by ACTA without prior approval from DISTRICT.
e. ACTA is not allowed to designate the name of a court, or any portion of the facility.
f. ACTA is permitted to sell food or beverages, have amplified sound, or use portable light as long as there is a letter of request submitted to the DISTRICT at least 2 weeks before the event.
g. Storage units, offices or other structures may be placed on facility with written permission by DISTRICT only, and units are the responsibility of the ACTA. Storage units must be in good condition at all times and any vandalism or breakage must be promptly repaired. ACTA must maintain the storage facility in a clean manner at all times. The DISTRICT assumes no liability or responsibility for any equipment or property kept in the storage areas. ACTA must provide keys to DISTRICT for all storage units, locked closets and fenced areas. Any/all flammable and/or toxic substances are strictly prohibited in storage containers unless otherwise approved by Fire Xxxxxxxx.
Modifications to Facility. Manufacturer shall notify Customer in writing at least [****] calendar days prior to any planned modifications to parts of the Facility used for Processing, Packaging or storage of the Product if such modifications will materially affect a Product. In the event of such planned modifications of the Facility, Manufacturer shall use commercially reasonable efforts to accommodate Customer’s requirements for Product by compiling Product inventory and bridge stock of Product for such period of Facility modifications.
