Common use of Roof Repair and Other System Disruptions Clause in Contracts

Roof Repair and Other System Disruptions. In the event that (x) the owner or lessee of the Premises repairs the Premises’ roof for any reason not directly related to damage caused by the System, and such repair requires the partial or complete temporary disassembly or movement of the System, or (y) any act or omission of Purchaser or Purchaser’s employees, Affiliates, agents or subcontractors (collectively, a “Purchaser Act”) results in a disruption or outage in System production, then, in either case, Purchaser shall (i) pay Provider for all work required by Provider to disassemble or move the System and (ii) continue to make all payments for the Solar Services during such period of System disruption (the “Disruption Period”), and (iii) reimburse Provider for any other lost revenue during the Disruption Period, including any lost revenue associated with any reduced sales of Environmental Attributes and any reduced Solar Incentives during the Disruption Period. For the purpose of clauses (ii) above, the Parties agree that during years 4 through 20 (but not years 1 through 3) of the Term of the Agreement, Purchaser shall be afforded a one time period of fifteen (15) days which may be used consecutively or in a periods of at least twenty-four (24) hours each (“Allowed Disruption Time”) during which the System shall be rendered non-operational by Provider. Purchaser shall not be obligated to make payments to Provider for electricity not received during the Allowed Disruption Time, nor shall Purchaser be required to reimburse Provider for any other lost revenue during the Allowed Disruption Time, including any lost revenue associated with any reduced sales of Environmental Attributes, and Provider’s Minimum Guaranteed Output otherwise applicable for any such Allowed Disruption Time shall be adjusted accordingly. For the purpose of calculating Payments and lost revenue for such Disruption Period, Solar Services for each month of said months shall be deemed to have been produced at the average rate over the same month for which data exists (or, if the disruption occurs within the first twelve (12) months of operation, the average over such period of operation).

Roof Repair and Other System Disruptions. In the event that (x) the owner or lessee of the Premises repairs the Premises’ roof for any reason not directly related to damage caused by the System, and such repair requires the partial or complete temporary disassembly or disassemblyor movement of the System, or (y) any act or omission of Purchaser or Purchaser’s employees, Affiliates, agents or subcontractors (collectively, a “Purchaser Act”) results in a disruption or outage in System production, then, in either case, Purchaser shall (i) pay Provider for all work required by Provider to disassemble or move the System and (ii) continue to make all payments for the Solar Services during such period of System disruption (the “Disruption Period”), and (iii) reimburse Provider for any other lost revenue during the Disruption Period, including any lost revenue associated with any reduced sales of Environmental Attributes and any reduced Solar Incentives during the Disruption Period. For the purpose of clauses (ii) above, the Parties agree that during years 4 through 20 (but not years 1 through 3) of the Term of the Agreement, Purchaser shall be afforded a one time period of fifteen (15) days which may be used consecutively or in a periods of at least twenty-four (24) hours each (“Allowed Disruption Time”) during which the System shall be rendered non-operational by Provider. Purchaser shall not be obligated to make payments to Provider for electricity not received during the Allowed Disruption Time, nor shall Purchaser be required to reimburse Provider for any other lost revenue during the Allowed Disruption Time, including any lost revenue associated with any reduced sales of Environmental Attributes, and Provider’s Minimum Guaranteed Output otherwise applicable for any such Allowed Disruption Time shall be adjusted accordingly. For the purpose of calculating Payments and lost revenue for such Disruption Period, Solar Services for each month of said months shall be deemed to have been produced at the average rate over the same month for which data exists (or, if the disruption occurs within the first twelve (12) months of operation, the average over such period of operation).