Common use of Proposed New or Expanded Facility; Partial Performance Clause in Contracts

Proposed New or Expanded Facility; Partial Performance. If the Expansion Project results in a completed Facility that is only partially operational, or is material different than the Expansion Project agreed to in Schedule B (as measured by such factors as size, capital investment expenditures, capital improvements, employment levels, estimated energy demand and/or other criteria determined by the Authority to be relevant), the Authority may, in its discretion, on its own initiative or at the Customer’s request, make a permanent reduction to the Allocation and Contract Demand to an amount that the Authority determines to fairly correspond to the completed Facility.

Appears in 13 contracts

Samples: Agreement for the Sale of Expansion Power and/or Replacement Power, Agreement for the Sale of Expansion Power and/or Replacement Power, Agreement for the Sale of Expansion Power and/or Replacement Power

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Proposed New or Expanded Facility; Partial Performance. If the Expansion Project results in a completed Facility that is only partially operational, or is material materially different than the Expansion Project agreed to in Schedule B (as measured by such factors as size, capital investment expenditures, capital improvements, employment levels, estimated energy demand and/or other criteria determined by the Authority to be relevant), the Authority may, in its discretion, on its own initiative or at the Customer’s request, make a permanent reduction to the Allocation and Contract Demand to an amount that the Authority determines to fairly correspond to the completed Facility.

Appears in 5 contracts

Samples: Agreement for the Sale of Preservation Power and Energy, Agreement for the Sale of Preservation Power and Energy, Agreement for the Sale of Preservation Power and Energy

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