Substitute Site. So long as 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 in 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, 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, this Agreement shall be 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 the System, 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 amounts lost that would otherwise be payable under this Agreement due to such relocation(s) to Provider based on (i) delivered Energy averaged over the prior twelve months for the System and (ii) if during the Storage Services Term, all Storage Services Fees for any Monthly Periods during which the ESS is not operational due to such relocation(s).
Appears in 4 contracts
Samples: Power Purchase and Storage Services Agreement, Power Purchase and Storage Services Agreement, Power Purchase and Storage Services Agreement
