Common use of Provider Termination Clause in Contracts

Provider Termination. Provider shall have the right, in Provider’s sole and absolute discretion, to terminate this Agreement either as a whole or with respect to a particular applicable Site upon written notice: 10.6.1 at any time until construction of the System commences; 10.6.2 if the occurrence of an unstayed order of a court or administrative agency having the effect of subjecting the sales of Energy to federal or state regulation of prices and/or service; 10.6.3 the elimination or alteration of one or more Environmental Financial Incentives or other change in law that results in a material adverse economic impact on Provider; or 10.6.4 if the aggregate annual level of direct beam solar resource availability is less than or equal to 90% of historical averages as measured by long-term weather data (minimum of five (5) years) collected at the Site or other reliable calibrated and appropriate weather station representative of the Site. In the event of a Provider termination under this Section 10.6, Provider shall remove all of its tangible property comprising the System from the Site by a mutually convenient date but in no case later than one hundred eighty (180) days after the Expiration Date with respect to the System. Such cost to remove the System shall be borne by the Provider. The portion of the Site on which the System was installed shall be returned to its original condition, except for System support structures, electric/wiring components and ordinary wear and tear, and Provider shall leave the portion of the Site on which the System was installed in neat and clean order.

Provider Termination. Provider shall have the right, in Provider’s sole and absolute discretion, to terminate this Agreement either as a whole or with respect to a particular applicable Site upon written noticenotice if any of the following occurs: 10.6.1 at any time until construction of the System commencescommences Provider determines in its sole discretion that it is unable to install the System at the Site; 10.6.2 if the occurrence of an unstayed order of a court or administrative agency having has the effect of subjecting the sales of the Energy to federal or state regulation of the prices therefor and/or the delivery of the service; 10.6.3 the elimination or alteration of one or more Environmental Financial Incentives or other change in law that results in a material adverse economic impact on Provider; or 10.6.4 if the aggregate annual level of direct beam solar resource availability at the Site is less than or equal to 90% of historical averages as measured by long-term weather data (minimum of five (5) years) collected at the Site or and/or other reliable calibrated and appropriate weather station representative of the Site. In the event of a Provider termination under this Section 10.6, Provider shall remove all of its tangible property comprising the System from the Site by a mutually convenient date but in no case later than one hundred eighty (180) days after the Expiration Date with respect to the SystemTermination Date. Such The cost to remove the System shall be borne by the Provider. The portion of the Site on which the System was installed shall be returned to its original condition, except for System support structures, electric/wiring components and ordinary wear and tear, and Provider shall leave the portion of the Site on which the System was installed in neat and clean order.

Provider Termination. Provider shall have the right, in Provider’s sole and absolute discretion, to terminate this Agreement either as a whole or with respect to a particular applicable Site upon written noticenotice if any of the following occurs: 10.6.1 10.7.1 at any time until construction of the System commences; 10.6.2 10.7.2 if the occurrence of an unstayed a final order or judgement of a court or administrative agency having the effect of subjecting jurisdiction subjects the sales of Energy under this agreement to federal or state regulation of prices and/or service; 10.6.3 10.7.3 the elimination or alteration of one or more Environmental Financial Incentives or other change in law that results in a material adverse economic impact on Provider; or 10.6.4 10.7.4 if the aggregate annual level of direct beam solar resource availability at the Site is less than or equal to 90% of historical averages as measured by long-term weather data (minimum of five (5) years) collected at the Site or and/or other reliable calibrated and appropriate weather station representative of the Site. In the event of a Provider termination under this Section 10.610.7, Provider shall remove all of its tangible property comprising the System from the Site by a mutually convenient date but in no case later than one hundred eighty (180) days after the Expiration Date with respect to the SystemDate. Such cost to remove the System shall be borne by the Provider. The portion of the Site on which the System was installed shall be returned to its original condition, except for System previously existing support structures, electric/wiring components and ordinary wear and tear, and Provider shall leave the portion of the Site on which the System was installed in neat and clean order.