Common use of Restrictions on Shading Clause in Contracts

Restrictions on Shading. Parties agree that the Judicial Council shall make good faith efforts to avoid activities which result in overshadowing or shading of the PV System in a manner that would prevent Contractor from meeting its obligations under this SPPA. In the event the Judicial Council activities result in the PV System being overshadowed in a manner which prevents Contractor from meeting its EEP on an annualized basis, the Judicial Council will make all reasonable efforts to resolve the shading issue. If that is not possible, the Parties will proceed as described in Section 12.3 Demand Reduction of this Exhibit B. Contractor shall provide and justify data verifying the actual loss of generation that occurred due to shading. At the Judicial Council’s request, Parties may agree to make reasonable efforts to relocate the PV System at the Judicial Council’s cost to a mutually agreeable location. If the Parties cannot agree on an alternative location for the PV System, then the Parties agree that at the Judicial Council’s option, the Judicial Council may terminate this SPPA, in which case Contractor shall remove the PV System pursuant to Section 11.1 of the SLA, and subsequent to such removal and restoration of the Licensed Area the Judicial Council shall pay any actual damages that may be required pursuant to Section 14 of the SLA.

Restrictions on Shading. Parties agree that the Judicial Council shall make good faith efforts to avoid activities which result in overshadowing or shading of the PV System in a manner that would prevent Contractor from meeting its obligations under this SPPA. In the event the Judicial Council activities result in the PV System being overshadowed in a manner which prevents Contractor from meeting its EEP on an annualized basis, the Judicial Council will make all commercially reasonable efforts to resolve the shading issue. If that is not possible, the Parties will proceed as described in Section 12.3 Demand Reduction of this Exhibit B. Contractor shall provide and justify data verifying the actual loss of generation that occurred due to shading. At the Judicial Council’s request, the Parties may agree to make reasonable efforts to relocate the PV System at the Judicial Council’s cost to a mutually agreeable locationlocation or, to amend this SPPA to adjust the EEP and the GEP of the PV System. If the Parties cannot agree on an alternative location for the PV SystemSystem or an amendment to this SPPA, then the Parties agree that at the Judicial Council’s option, the Judicial Council may terminate this SPPA, in which case Contractor shall remove the PV System pursuant to Section section 11.1 of the SLA, and subsequent to such removal and restoration of the Licensed Area the Judicial Council shall pay any actual damages Actual Damages that may be required pursuant to Section 14 of the SLA.. 30

Restrictions on Shading. Parties agree that the Judicial Council shall make good faith efforts to avoid activities which result in overshadowing or shading of the PV System in a manner that would prevent Contractor from meeting its obligations under this SPPA. In the event the Judicial Council activities result in the PV System being overshadowed in a manner which prevents Contractor from meeting its EEP on an annualized basis, the Judicial Council will make all commercially reasonable efforts to resolve the shading issue. If that is not possible, the Parties will proceed as described in Section 12.3 Demand Reduction of this Exhibit B. Contractor shall provide and justify data verifying the actual loss of generation that occurred due to shading. At the Judicial Council’s request, the Parties may agree to make reasonable efforts to relocate the PV System at the Judicial Council’s cost to a mutually agreeable locationlocation or, to amend this SPPA to adjust the EEP and the GEP of the PV System. If the Parties cannot agree on an alternative location for the PV SystemSystem or an amendment to this SPPA, then the Parties agree that at the Judicial Council’s option, the Judicial Council may terminate this SPPA, in which case Contractor shall remove the PV System pursuant to Section section 11.1 of the SLA, and subsequent to such removal and restoration of the Licensed Area the Judicial Council shall pay any actual damages Actual Damages that may be required pursuant to Section 14 of the SLA.