REDUCED OPERATIONS. If LCC gives at least eighteen (18) month’s notice of its intent either to cease operations at or abandon the LCC Facility or to reduce substantially and permanently the operations at such facility so as to affect materially its need for Steam (“LCC Permanent Steam Demand Reduction”), then, notwithstanding such cessation, abandonment or reduction in operations, at the expiration of such notice period, LCC shall continue to take and use, or cause to be used, for Thermal Use, LCC’s Minimum Steam Take during the Term, provided: (a) such taking and use is required to permit the CLI Facility to remain a QF to avoid loss of QF status that would cause a breach of any financing contract to which CLI is a party, obligor, or beneficiary, to avoid loss of QF status that would cause a breach of any contract for the sale of power to a third party unrelated to CLI, or to permit CLI to remain exempt from the federal and state laws, rules, and regulations governing utilities, electric utilities, public utilities, public utility holding companies, electric utility holding companies, and the like; (b) LCC is not required to pay for any Steam taken solely to fulfill LCC’s Minimum Steam Take obligation under Section 6.2.1; and (c) any capital costs required for the most economical modification of the LCC Facility necessary to permit LCC to fulfill LCC’s Minimum Steam Take shall be paid by CLI, it being understood that such payment shall be a condition to LCC’s performance and not an obligation of CLI and, provided, further that LCC shall be responsible for and shall reimburse CLI for a pro rata allocation of such costs to the extent that LCC subsequently initiates operations at the LCC Facility within twenty four (24) months after the LCC Permanent Steam Reduction in a manner that materially increases its need for Steam above the level of LCC’s Minimum Steam Take. LCC and CLI each agree to use commercially reasonable efforts to find a third party who will pay for and use or cause to be used for Thermal Use any Steam LCC would otherwise be required to take for no charge. The costs for arranging sales of Steam to any third party hereunder shall be paid by CLI. LCC agrees, without further cost to CLI, to grant any reasonable easements or rights-of-way across the real property upon which LCC’s Facility is located, as may be necessary to serve such third party Steam purchaser. While CLI shall have no obligation to relinquish the QF status of the CLI Facility, LCC and CLI each furt...
REDUCED OPERATIONS. SECTION 1. Xxxxxxxxx AFB may require to reduce operations during disruptions for circumstances that pose a threat to the health and/or safety of employees. The Employer shall determine the essential personnel required to remain on or report for duty to protect the health and well-being of the base population.
