Common use of Permitted Temporary Shutdown Clause in Contracts

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.

Permitted Temporary Shutdown. Midwest may temporarily shut down the Facility; provided that, 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.