Seller’s Duty to Offer Expansion Energy Sample Clauses

Seller’s Duty to Offer Expansion Energy. If, at any time during the Term, Seller or any Affiliate of Seller intends (a) to install equipment on the Premises in addition to the equipment included in the original Facility, and such installation is designed to increase the capacity of the Facility to more than the Nameplate Capacity Rating at Final Completion, or (b) to otherwise enable the Facility or any expansion thereof to produce more than the Maximum Delivery Rate, Seller shall first offer (or cause its Affiliate to offer) the excess above the Maximum Delivery Rate (the “Expansion Energy”) to PacifiCorp. Such offer shall set forth the terms and conditions of the offer in writing and in reasonable detail. Seller shall promptly answer any questions that PacifiCorp may have concerning the offered terms and conditions and shall meet with PacifiCorp to discuss the offer.
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Seller’s Duty to Offer Expansion Energy. Subject in all respects to Section 6.1, if, at any time during the Term, Seller or any Affiliate of Seller intends: (a) to install, replace or modify equipment on the Premises which is part of the Facility as of the Commercial Operation Date or, if later, Final Completion, and such installation, replacement or modification is designed to increase the capacity of the Generating Facility to more than the Nameplate Capacity Rating of the Generating Facility; or (b) to install, replace or modify equipment on the Premises which is part of the Facility as of the Commercial Operation Date or, if later, Final Completion, or to otherwise enable the Generating Facility, in each case, to produce more than the Maximum Delivery Rate, then Seller shall first offer (or cause its Affiliate to offer) the excess energy above the Maximum Delivery Rate (the “Expansion Energy”), together with any increased Capacity Rights and Green Tags associated therewith, to PacifiCorp. Such offer shall set forth the terms and conditions of the offer in writing and in reasonable detail. Seller shall promptly answer any questions that PacifiCorp may have concerning the offered terms and conditions and shall meet with PacifiCorp to discuss the offer.
Seller’s Duty to Offer Expansion Energy. If, at any time during the Term, Seller or any Affiliate of Seller intends (a) to install equipment on the Premises in addition to the equipment included in the original Facility, and such installation is designed to increase the capacity of the Facility to more than the Nameplate Capacity Rating at Final Completion, or
Seller’s Duty to Offer Expansion Energy. If, at any time during the Term, Seller intends (a) to install equipment on the Premises in addition to the and equipment included in the original Facility, and/or (b) to otherwise enable the Facility or any expansion thereof to produce more than the Net Dependable Capability, it shall first offer the excess above Net Dependable Capability (the “Expansion Energy”) to PacifiCorp. Seller’s offer shall set forth the terms and conditions of the offer in writing and in reasonable detail. Except to the extent otherwise noted in Seller’s offered terms and conditions, the Expansion Energy shall be purchased and sold pursuant to a power purchase agreement in form substantially the same as this Agreement (with the security requirements set forth in Section 8 to be adjusted on a pro rata basis to account for the size of the proposed expansion relative to the Nameplate Capability Rating of the Facility). Seller shall promptly answer any questions that PacifiCorp may have concerning the offered terms and conditions and shall meet with PacifiCorp to discuss the offer.

Related to Seller’s Duty to Offer Expansion Energy

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