Common use of No Adequate Alternative Site Clause in Contracts

No Adequate Alternative Site. If Trustees and Licensee cannot locate an alternative site that meets the requirements of Subsection 11.8.2 but can mutually agree upon an alternative location which is inferior to the Licensed Area for purposes of energy storage system installation, then Trustees and Licensee shall in good faith attempt to negotiate an adjustment in the Price to compensate for the alternative location such that Licensee receives payments comparable to those which it would have received from the System at the original Licensed Area. If the Parties mutually agree to such change in Price, then the Parties shall amend all relevant terms in this Agreement and Licensee shall proceed to relocate the System (or as much of System as practical) to the new location. If the Parties agree to such relocation, Trustees shall pay for the reasonable costs for Licensee to relocate the System. Trustees shall reimburse Licensee for the period of temporary System shutdown prior to relocation under the options specified in Section 11.7.

Appears in 4 contracts

Samples: License and Services Agreement, License and Services Agreement, License and Services Agreement

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