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.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
