Common use of Safety Event; Investigation and Remedy Clause in Contracts

Safety Event; Investigation and Remedy. If at any time during the Term (i) any Governmental or Regulatory Authority takes any action with respect to the Project for safety concerns that prevents or restricts the Project from being operated in accordance with the terms of this Agreement or (ii) a fire or other adverse event occurs with respect to any energy storage system (other than the Project) that shares the same manufacturer or substantially similar design as the Project and that is reasonably attributable to defective design or manufacture, CHGE shall have the right to provide a notice to Owner to address concerns with the Project. Following receipt of a notice from CHGE as provided in (a), Owner shall place the Project in an Unplanned Outage and engage an Independent Engineer to evaluate whether remediation with respect to the Project is necessary to address safety concerns. Owner shall deliver a written report from an Independent and Actively Licensed NYS Registered Professional Engineer to CHGE with the results of such evaluation and all remedial actions necessary to resolve the safety concerns identified. If Owner is unable to implement the remediation identified by an Independent and Actively Licensed NYS Registered Professional Engineer within three (3) months of receipt of CHGE’s notice, then such failure shall constitute an Event of Default under Section 10.1(b).

Safety Event; Investigation and Remedy. (a) If at any time during the Term (i) any Governmental or Regulatory Authority takes any action with respect to the Project for safety concerns that prevents or restricts the Project from being operated in accordance with the terms of this Agreement or (ii) a fire or other adverse event occurs with respect to any energy storage system (other than the Project) that shares the same manufacturer or substantially similar design as the Project and that is reasonably attributable to defective design or manufacture, CHGE shall have the right to provide a notice to Owner to address concerns with the Project. . (b) Following receipt of a notice from CHGE as provided in (a), Owner shall place the Project in an Unplanned Outage and engage an Independent Engineer to evaluate whether remediation with respect to the Project is necessary to address safety concerns. Owner shall deliver a written report from an Independent and Actively Licensed NYS Registered Professional Engineer to CHGE with the results of such evaluation and all remedial actions necessary to resolve the safety concerns identified. If Owner is unable to implement the remediation identified by an Independent and Actively Licensed NYS Registered Professional Engineer within three (3) months of receipt of CHGE’s notice, then such failure shall constitute an Event of Default under Section 10.1(b).