Permitted Temporary Shutdown Clause Samples
The Permitted Temporary Shutdown clause defines the conditions under which a party is allowed to temporarily halt operations or services without breaching the agreement. Typically, this clause outlines specific scenarios such as maintenance, safety concerns, or force majeure events that justify a temporary suspension. It may also set requirements for advance notice, duration limits, and procedures for resuming normal operations. The core function of this clause is to provide flexibility for necessary interruptions while protecting both parties from disputes or penalties related to short-term shutdowns.
Permitted Temporary Shutdown. Facility Lessee may temporarily shut down the Facility; provided that for voluntary shutdowns of one year or longer that are unrelated to making the modifications described in Section 7.4 of this Facility Lease, (i) prior to implementing such shutdown, NRG shall have complied with each of its obligations under Section 7.3(a)-(b) of the Participation Agreement; and (ii) the Facility Lessee shall deliver the Facility with Post-Modification Capability upon any return thereof to the Owner Lessor.”
Permitted Temporary Shutdown. Midwest may temporarily shut down the Facility; provided that, for voluntary shutdowns of one (1) year or longer that are unrelated to making the modifications described in Section 5.9 of this Agreement and Section 7.4 of the Facility Lease, (i) prior to the implementation of any such shutdown, NRG shall have complied with each of its obligations under paragraphs (a) and (b) of Section 7.3 of this Agreement, (ii) no such shutdown shall relieve Midwest of its obligations to make payment of Basic Lease Rent in accordance with Section 3.2 of the Facility Lease or Supplemental Rent in accordance with Section 3.3 of the Facility Lease, and (iii) Midwest shall deliver the Facility with Post-Modification Capability upon any return thereof to the Owner Lessor.