Provider Termination. Provider shall have the right, in Provider’s sole and absolute discretion, to terminate this Agreement upon written notice if any of the following occurs: 10.6.1 at any time until construction of the System commences 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 has the effect of subjecting the sales of the Energy or the Storage Services 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 annual 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 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 Termination Date. 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 ordinary wear and tear, and Provider shall leave the portion of the Site on which the System was installed in neat and clean order.
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Samples: Power Purchase & Storage Services Agreement, Power Purchase & Storage Services Agreement, Power Purchase & Storage Services Agreement
Provider Termination. Provider shall have the right, in Provider’s sole and absolute discretion, to terminate this Agreement upon written notice if any of the following occurs:
10.6.1 at any time until construction of the System commences 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 has the effect of subjecting the sales of the Energy or the Storage Services 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 annual 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 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 Termination Date. 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 ordinary wear and tear, and Provider shall leave the portion of the Site on which the System was installed in neat and clean order.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Provider Termination. Provider shall have the right, in Provider’s sole and absolute discretion, to terminate this Agreement upon written notice if any of the following occurs:
10.6.1 at any time until construction of the System commences 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 has the effect of subjecting the sales of the Energy or the Storage Services 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 annual 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 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 Termination Date. 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 ordinary wear and tear, and Provider shall leave the portion of the Site on which the System was installed in neat and clean order.
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