Common use of Required Modifications Clause in Contracts

Required Modifications. Notwithstanding anything to the contrary herein, and without causing any breach or default under the Operative Documents, Facility Lessee shall complete modifications to the Facility such that the Facility is capable of economic dispatch at full capacity or otherwise capable of participating as a capacity resource in the PJM Interconnection, L.L.C.’s (or its successor’s) market or other markets, in compliance in all material respects with all Environmental Laws (“Post-Modification Capability”). Such modifications may include, but are not limited to, gas additions, oil additions or installation of emissions controls; provided that nothing herein shall be construed to require the Facility to be operated at baseload or in any particular dispatch profile. Any shutdowns of the Facility related to making such modifications shall not cause a breach or default under the Operative Documents; provided that no shutdown shall relieve Facility Lessee of its obligations to make payment of Basic Lease Rent in accordance with Section 3.2 or Supplemental Rent in accordance with Section 3.3.”

Required Modifications. Notwithstanding anything to the contrary herein, and without causing any breach or default under the Operative Documents, Midwest shall, in accordance with Section 7.4 of the Facility Lessee shall Lease, complete modifications to the Facility such that the Facility is capable of economic dispatch at full capacity or otherwise capable of participating as a capacity resource in the PJM Interconnection, L.L.C.’s (or its successor’s) market or other markets, in compliance in all material respects with all Environmental Laws (“Post-Modification Capability”). Such modifications may include, but are not limited to, gas additions, oil additions or installation of emissions controls; provided provided, however, that nothing herein shall be construed to require the Facility to be operated at baseload or in any particular dispatch profile. Any shutdowns of the Facility related to making such the modifications described in this Section 5.9 and Section 7.4 of the Facility Lease shall not cause a breach or default under the Operative Documents; provided provided, however, that no such shutdown shall relieve Facility Lessee Midwest of its obligations to make payment of Basic Lease Rent in accordance with Section 3.2 of the Facility Lease or Supplemental Rent in accordance with Section 3.33.3 of the Facility Lease.”