Common use of Substitute Site Clause in Contracts

Substitute Site. So long as such event does not impair or reduce any Environmental Financial Incentives that may be available to the Provider, or otherwise have an adverse tax or economic effect, Customer shall have the right to provide Provider with a mutually agreeable substitute Site located within the same utility district, subject to requisite governing agency approvals, to relocate the System(s), which agreement shall not be unreasonably withheld, or, if not available, in a location with similar solar insolation, utility rates, Environmental Financial Incentives. If such alternate Site is available and is acceptable to Provider, the definition of Site set forth herein shall thereafter be deemed amended to delete the prior Site and add the new Site, but otherwise this Agreement shall remain in full force in accordance with its terms and shall not be deemed otherwise amended. Customer shall pay the reasonable costs arising in connection with the relocation(s) of any System(s), including removal costs, installation costs, any applicable interconnection fees, costs related to obtaining a site license or lease at the substitute Site, other costs of deployment at the substitute Site, and lost revenue due to such relocation(s) to Provider based on delivered Energy averaged over the prior twelve months for the applicable System(s).

Substitute Site. So long as such event Customer’s exercise of its rights under this Section 10.2.1 does not impair or reduce any Environmental Financial Incentives that may be available to the Provider, or otherwise have an adverse tax effect on Provider, or economic effectin the Provider’s sole discretion and determination, impair Provider’s ability to meet any and all obligations in connection with a Financing Party or a prospective financing transaction, Customer shall have the right to provide Provider with a mutually agreeable substitute Site located within the same utility district, subject to requisite governing agency approvals, to relocate the System(s)System, which agreement shall not be unreasonably withheld, or, if not available, in a location with similar solar insolation, utility rates, Environmental Attributes and Environmental Financial Incentives. Any such alternate Site shall have a similar demand charge profile as the Site. If such alternate Site is available and is acceptable to Provider, the definition of Site set forth herein this Agreement shall thereafter be deemed amended to delete the prior Site and add the new Site, but otherwise this Agreement shall remain in full force in accordance with its terms and shall not be deemed otherwise amended. Customer shall pay the reasonable costs arising in connection with the relocation(s) of any System(s)the System, including removal costs, installation costs, any applicable interconnection fees, costs related to obtaining a site license or lease at the substitute Sitesite, other costs of deployment at the substitute Site, and amounts lost revenue that would otherwise be payable under this Agreement due to such relocation(s) to Provider based on delivered Energy averaged over the prior twelve months for the applicable System(s)System.

Substitute Site. So long as such event does not impair or reduce any Environmental Financial Incentives that may be available to the Provider, or otherwise have an adverse tax or economic effect, Customer shall have the right to provide Provider with a mutually agreeable substitute Site located within the same electric utility districtdistrict (or otherwise subject to the same interconnection or operation-related requirements), subject to requisite governing agency approvals, to relocate the System(s)System, which agreement shall not be unreasonably withheld, or, if not available, in a location with similar solar insolation, utility rates, and Environmental Financial Incentives. If such alternate Site is available and is acceptable to Provider, the definition of Site set forth herein shall thereafter be deemed amended to delete the prior Site and add the new Site, but otherwise this Agreement shall remain in full force in accordance with its terms and shall not be deemed otherwise amended. Customer shall pay the reasonable costs arising in connection with the relocation(s) of any System(s)the System, including removal costs, installation costs, any applicable interconnection fees, costs related to obtaining a site license or lease at the substitute Sitesite, other costs of deployment at the substitute Site, and lost revenue due to such relocation(s) to Provider based on delivered Energy averaged over the prior twelve months for the applicable System(s)System.