Common use of Project Performance Clause in Contracts

Project Performance. above), allows Abandonment of the Project without the prior written consent of Utility, then Utility shall be entitled to enter the site and, in consultation with the Operating Committee established pursuant to Paragraph 8.6 (Operating Personnel) and Schedule 7 (Operating Committee), appoint a manager of suitable competence to manage and operate the Project, subject to the Technical Specifications of Schedule 6, and in accordance with Prudent Utility Practice until Developer demonstrates to the reasonable satisfaction of Utility that it can and will resume normal operations of the Project. During any period that Utility operates the Project pursuant to this Paragraph, Utility shall be entitled to receive only such consideration as is reasonable (a) to pay the manager, at a level commensurate with industry standards; and (b) to reimburse Utility for its reasonable and prudently incurred administrative, operational and other expenses, during and arising from its operation of the Project. Utility shall render a full accounting to Developer at regular intervals during the period of its operation of the Project pursuant to this Paragraph, and at the close of its management. Utility shall continue to make payments for Net Energy Output in accordance with Paragraph 2 (Sale and Purchase of Energy) and Schedule 2 (Calculation of Payments).

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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