Common use of Project Relocation Clause in Contracts

Project Relocation. CVEC, on behalf of Host, may request that Developer move the PV System to another location on the Property or to another site owned by Host, but any such relocation shall be subject to the approval of Developer and Financier, not to be unreasonably withheld provided the alternate location or site is suitable for the PV System without increasing the development, construction, interconnection, and operating cost of the PV System, and the PV System is capable of generating substantially equivalent amounts of Energy when installed at the alternate site. In connection with such relocation, the Parties shall execute an amendment to this Agreement reflecting the new location of the PV System but otherwise continuing all the terms and conditions of this Agreement for the remaining term of this Agreement. CVEC and Host shall also provide any reasonable consents or releases required by Developer in connection with the new location. Host shall pay all costs associated with the removal and relocation of the PV System, including design, permitting, site investigations, installation, and testing costs and interconnection costs. In addition, during the shutdown of the PV System pursuant to such relocation, and ending with the commercial operation of the PV System when such PV System is reinstalled at a new location (this timeframe referred to in this Section 3.18 as the “Relocation Event”), Host will be responsible for paying Developer an amount equal to the sum of (i) payments that CVEC would have made to Developer hereunder for Net Energy that would have been produced by the PV System during the Relocation Event; (ii) revenues that Developer would have received with respect to the PV System under applicable solar programs and any other assistance program with respect to Net Energy that would have been produced during the Relocation Event; and (iii) revenues from Environmental Attributes that Developer would have received with respect to Net Energy that would have been produced by the PV System during the Relocation Event. Determination of the amount of Net Energy that would have been produced during the Relocation Event shall be based, during the first Contract Year, on the estimated levels of production and, after the first Contract Year, based on actual operation of the PV System in the same period in the previous Contract Year, unless Developer and CVEC mutually agree to an alternative methodology.

Project Relocation. CVEC, on behalf of Host, Host may request that Developer to move the PV System to another location on the Property or to another site owned by Host, but any such relocation shall be subject to the approval of Developer and Financier, not to be unreasonably withheld provided the alternate location or site is suitable for the PV System without increasing the development, construction, interconnection, and operating cost of the PV System, and the PV System is capable of generating substantially equivalent amounts of Energy electric energy when installed at the alternate site. In connection with such relocation, the Parties Host shall execute an amendment to this Agreement reflecting the new location of the PV System but otherwise continuing all the terms and conditions of this Agreement for the remaining term of this Agreement. CVEC and Host shall also provide any reasonable consents or releases required by Developer in connection with the new location. Host shall pay all costs associated with the removal and relocation of the PV System, including design, permitting, site investigations, installation, and testing costs and interconnection costs. In addition, during starting at the shutdown of the PV System Project pursuant to such relocation, and ending with at the commercial operation Commercial Operation of the PV System when such relocated PV System is reinstalled at a new location (this timeframe referred to in this Section 3.18 as the “Relocation Event”), Host will be responsible for paying pay Developer an amount equal to the sum of (i) payments that CVEC Host would have made to Developer hereunder for Net Energy electric energy that would have been produced by the PV System during following the Relocation Event; (ii) revenues that Developer would have received with respect to the PV System under applicable solar programs and any other assistance program with respect to Net Energy electric energy that would have been produced during following the Relocation Event; and (iii) revenues from Environmental Attributes that Developer would have received with respect to Net Energy electric energy that would have been produced by the PV System during following the Relocation Event. Determination of the amount of Net Energy energy that would have been produced during following the Relocation Event shall be based, during the first Contract Year, on the estimated levels of production and, after the first Contract Year, based on actual operation of the PV System in the same period in the previous Contract Year, unless Developer and CVEC Host mutually agree to an alternative methodology.

Project Relocation. CVEC, on behalf of Host, Host may request that Developer to move the PV System to another location on the Property or to another site owned by Host, but any such relocation shall be subject to the approval of Developer and Financier, not to be unreasonably withheld provided the alternate location or site is suitable for the PV System without increasing the development, construction, interconnection, and interconnection or operating cost of the PV System, and the PV System is capable of generating substantially equivalent amounts of Energy electric energy when installed at the alternate site. In connection with such relocation, the Parties Host shall execute an amendment to this Agreement reflecting the new location of the PV System but otherwise continuing all the terms and conditions of this Agreement for the remaining term of this Agreement. CVEC and Host shall also provide any reasonable consents or releases required by Developer in connection with the new location. Host shall pay all costs associated with the removal and relocation of the PV System, including design, permitting, site investigations, installation, and testing costs and interconnection study and costs. In addition, during starting at the shutdown of the PV System pursuant to such relocation, and ending with at the commercial operation Commercial Operation of the PV System when such relocated PV System is reinstalled at a new location (this timeframe referred to in this Section 3.18 as the “Relocation Event”), Host will be responsible for paying pay Developer an amount equal to the sum of (i) payments that CVEC Host would have made to Developer hereunder for Net Energy electric energy that would have been produced by the PV System during following the Relocation Event; (ii) revenues that Developer would have received with respect to the PV System under applicable solar programs and any other assistance program with respect to Net Energy electric energy that would have been produced during following the Relocation Event; and (iii) revenues from Environmental Attributes that Developer would have received with respect to Net Energy electric energy that would have been produced by the PV System during following the Relocation Event. Determination of the amount of Net Energy energy that would have been produced during following the Relocation Event shall be based, during the first Contract Year, on the estimated levels of production and, after the first Contract Year, based on actual operation of the PV System in the same period in the previous Contract Year, unless Developer and CVEC Host mutually agree to an alternative methodology.

Project Relocation. CVEC, on behalf of Host, The Host may request that Developer to move the PV System a Project to another location on the Property Site or to another site owned by the Host, but any such relocation shall be subject to the approval of Developer the Contractor and FinancierFinancing Party, each in their sole discretion, and such approval not to be unreasonably withheld provided the alternate location or site is suitable for the PV System without increasing the development, construction, interconnection, and operating cost of the PV System, and the PV System is capable of generating substantially equivalent amounts of Energy when installed at the alternate sitewithheld. In connection with such relocation, the Parties Host shall execute an amendment to this Agreement reflecting the new location of the PV System Project but otherwise continuing all the terms and conditions of this Agreement for the remaining term Term of this AgreementAgreement or the Project Term for the relocated Project, whichever is earlier. CVEC and The Host shall also provide any reasonable consents or releases required by Developer the Contractor in connection with the new location. The Host shall pay all costs associated with the removal and relocation of the PV SystemProject, including design, permitting, site investigations, installation, installation and testing costs and interconnection costs. In addition, during the shutdown of the PV System pursuant to such relocation, and ending with the commercial operation of the PV System when such PV System is reinstalled at a new location (this timeframe referred to in this Section 3.18 as the “Relocation Event”), the Host will be responsible for paying Developer pay the Contractor an amount equal to the sum of (i) payments that CVEC the Host would have made to Developer the Contractor hereunder for Net Energy electric energy that would have been produced by the PV System Project during the Relocation Event; (ii) revenues that Developer the Contractor would have received with respect to the PV System Project under applicable solar programs the Applicable Solar Program and any other assistance program with respect to Net Energy electric energy that would have been produced during the Relocation Event; and (iii) revenues from Environmental Tax Attributes that Developer the Contractor would have received with respect to Net Energy the Project during the Relocation Event. In addition, the Host agrees that it will use reasonable efforts to ensure that the alternative site allows the Project system to produce an equivalent amount of electricity as was the case at the prior location. To the extent that the alternative site does not allow the system to produce equivalent electrical energy, in addition to the amounts to be paid by the Host hereunder for electric energy produced and delivered from the Project, the Host shall also pay the Contractor an amount equal to the sum of (i) payments that the Host would have made to the Contractor hereunder for the amount by which the electric energy that would have been produced by the PV System during Project has been reduced following the Relocation Event, and (ii) the value of Tax Attributes that Contractor would have received with respect to the amount by which such Tax Attributes from the Project have been reduced following the Relocation Event. Determination The determination of the amount of Net Energy energy that would have been produced during by the Project but for the Relocation Event shall be based, during the first Contract Operations Year, on the estimated levels of production and, after the first Contract Operations Year, based on actual operation of the PV System Project in the same period in the previous Contract Operations Year, unless Developer the Contractor and CVEC the Host mutually agree to an alternative methodology.

Project Relocation. CVEC, on behalf of Host, Host may request that Developer to move the PV System Project "Project" means an integrated system for the generation of electricity from solar energy consisting of the photovoltaic panels and associated equipment to be installed on each of the Premises in accordance with this Agreement. to another location on the Property Site or to another site owned by HostHost , but any such relocation shall be subject to the approval of Developer Provider and Financier, not to be unreasonably withheld provided the alternate location Financing Party "Financing Party" means a Project Lessor or site is suitable for the PV System without increasing the development, construction, interconnection, and operating cost Lender. in each of the PV System, and the PV System is capable of generating substantially equivalent amounts of Energy when installed at the alternate sitetheir sole discretion. In connection with such relocation, the Parties Host shall execute an amendment to this Agreement reflecting the new location of the PV System Project but otherwise continuing all the terms and conditions of this Agreement for the remaining term of this AgreementAgreement . CVEC and Host shall also provide any reasonable consents or releases required by Developer Provider in connection with the new location. Host shall pay all costs associated with the removal and relocation of the PV SystemProject , including design, permitting, site investigations, installation, installation and testing costs and interconnection costs. In addition, during the shutdown of the PV System pursuant to such relocationRelocation Event , Host "Host" means [Host], a [_____] [corporation], and ending with the commercial operation of the PV System when such PV System is reinstalled at a new location (this timeframe referred to in this Section 3.18 as the “Relocation Event”), Host all successors and assigns. will be responsible for paying Developer pay Provider an amount equal to the sum of (i) payments that CVEC Host would have made to Developer Provider hereunder for Net Energy electric energy that would have been produced by the PV System during Project "Project" means an integrated system for the generation of electricity from solar energy consisting of the photovoltaic panels and associated equipment to be installed on each of the Premises in accordance with this Agreement. following the Relocation EventEvent ; (ii) revenues that Developer Provider would have received with respect to the PV System Project under applicable solar programs the Applicable Solar Program and any other assistance program with respect to Net Energy electric energy that would have been produced during following the Relocation EventEvent ; and (iii) revenues from Environmental Attributes and Tax Attributes that Developer Provider would have received with respect to Net Energy electric energy that would have been produced by the PV System during Project following the Relocation EventEvent . Determination of the amount of Net Energy energy that would have been produced during following the Relocation Event "Relocation Event" means the relocation of the Project, starting at the shutdown of the Project pursuant to such relocation, and ending at the commercial operation of the Project when such relocated Project is reinstalled at a new location, as determined by the Provider in its reasonable discretion. shall be based, during the first Contract YearOperations Year , on the estimated levels of production and, after the first Contract YearOperations Year , based on actual operation of the PV System Project in the same period in the previous Contract YearOperations Year , unless Developer Provider and CVEC Host mutually agree to an alternative methodology. [(10c) The customer may request that Tioga relocate the solar electric system to a different location as long as the customer pays for all associated costs and lost revenues.]