Other Customer Activities. The site will be secured by a fence that the developer will erect. • If the Town requests, the developer will temporarily remove sections of the solar array to allow the Town access to the landfill. • If the Town requests such a dismantling of a section of the solar array in response to an order from the DEP under the Post Closure Use Permit, it may do so without reimbursing the developer for lost revenues. • If the Town requests such a dismantling for any other reason, it may do so for up to 40 days without reimbursing the developer, after which it will pay the developer for lost electricity and SREC revenue.
Other Customer Activities. Except as expressly set forth herein, Customer shall not initiate, conduct or permit activities on, in or about the Site that have a reasonable likelihood of causing damage, impairment or otherwise adversely affecting the System. Customer shall implement and maintain reasonable and appropriate security measures on the Property. Provider or its Contractor will provide the installation of fencing of the Site and the System, to prevent Customer’s employees, invitees, agents and representatives and other unrelated third parties from having access to the System. If Customer determines to undertake activities on the Property that require the temporary displacement of any portion of the System, such as repair of landfill cap or cover material beneath any System, then it shall provide reasonable prior notice (not less than one month, unless Customer has less than one month’s notice, in which case Customer shall provide notice as soon as reasonably practicable) to Provider, and at Customer’s reasonable expense, Provider shall disassemble, store and re-assemble the affected portions of the System at a time and in a manner reasonably calculated to accommodate such work. Storage of the System in accordance with the previous sentence shall be on the Property in a location to be designated by Customer, but in the estimation of Provider reasonably suitable for storage of the component pieces of the System. Customer shall not be required to reimburse Provider for the value of any lost solar revenues during such activity, unless such activity extends beyond forty (40) days, in which case Customer will reimburse Provider for such lost solar revenues. Such lost solar revenues shall be based on Actual Production averaged over the prior twelve (12) months multiplied by the sum of (a) the relevant kWh Rate as specified in Schedule 3 and (b) the then- applicable contract rate in connection with the Provider’s sale of Massachusetts Solar Carve-Out Renewable Generation Attributes (“SRECs”), as defined in 225 C.M.R. § 14.02, related to the System (or if Provider has no contract for SRECs, the then-applicable market value for such SRECs), or if less than twelve (12) months of historic data is available, Provider shall be entitled to reasonably estimate the amount of revenue that would have been obtained. The Parties acknowledge and agree that any temporary displacement of any portion of the System required to comply with an order of the Massachusetts Department of Environmental Pro...
Other Customer Activities. Customer shall not initiate, conduct or permit activities on, in or about the Sites that have a reasonable likelihood of causing damage, impairment or otherwise adversely affecting a System. Customer shall implement and maintain reasonable and appropriate security measures on the Properties, which are consistent with Customer’s existing security measures, to prevent Customer’s employees, invitees, agents and representatives and other unrelated third parties from having access to the Systems, excepting only such access as may be required by Applicable Law or otherwise required in connection with Customer’s education mission. If Customer undertake activities on the Property (e.g., roof work, etc.) that require the temporary displacement of any portion of the System(s), then it shall provide reasonable prior notice (not less than three months in the absence of an emergency) to Provider, and at Customer’s expense, Provider shall disassemble, store and re-assemble the affected portions of the Systems at a time and in a manner reasonably calculated to accommodate such Customer work. Storage of any System in accordance with the previous sentence shall be on the Property in a location to be designated by Customer, to the degree the System can be so stored, or in another suitable off-site location if necessary, but in all cases, a location which in the estimation of Provider is reasonably suitable for storage of the component pieces of any System. Customer shall not be required to reimburse Provider for the value of any lost solar revenues during such activities, unless such activity occurs within the first six (6) years of System operations, or otherwise extends beyond twenty (20) days in the aggregate during the Term per Property or Site as the case may be, in which case Customer will so reimburse Provider for such lost solar revenues. Such lost solar revenues shall be based on Actual Production for the System located at the applicable Property or Site, as the case may be, averaged over the prior three hundred sixty five (365) days, multiplied by the sum of (i) the relevant kWh Rate as specified in Schedule 3 plus (ii) $0.152/kWh, less any expenses of Provider with respect thereto over that same period, or if less than three hundred sixty five (365) days of historic data is available, Provider shall be entitled to reasonably estimate the amount of revenue that would have been obtained, less estimated expenses, providing sufficient documentation to demonstrate any...
