Common use of Support Arrangements Clause in Contracts

Support Arrangements. The Facility Lessee agrees that, to the extent that the rights described in Section 3.1(n) which have already been made available to the Owner Lessor prior to the expiration or termination of the Facility Lease Term, and any rights assigned pursuant to the last sentence of this Section 5.30, are insufficient to permit on a commercially practicable basis during the period following the expiration or termination of the Facility Lease Term, until the end of the Facility's useful life as set forth in the Closing Appraisal, (i) the location, occupation, interconnection (including with respect to electricity, steam, gas and water), maintenance and repair of the Facility, (ii) the use, operation and possession of the Facility, (iii) the use, operation, possession, maintenance, replacement, renewal and repair of all Improvements then required to be made to the Facility, (iv) adequate ingress to and egress from the Facility in connection with the ownership, use, maintenance or operation of the Facility, (v) adequate transmission of electricity from the Facility to enable such Person to deliver the net electrical and steam output of the Facility on a commercially reasonable basis and (vi) the interest of the Owner Lessor (or any successor) in the Undivided Interest or the Ground Interest, the Facility Lessee will cause Calpine to provide, and Calpine will provide, the Owner Lessor with any additional services relating to the Owner Lessor's Interest and operation of the Facility substantially in the same manner as operated as of the Closing Date (to the extent Calpine or any Affiliate thereof then owns or controls the physical assets and/or contractual rights necessary to provide such services (or can enter into contracts on a commercially reasonable basis for such ownership, control or other rights) and remains in the business of providing such services) necessary to permit the Owner Lessor to use the Facility as described in (i) through (vi) above. Such arrangements will provide for fair market value compensation to Calpine (payable periodically on no more frequently than a monthly and no less frequently than on a quarterly basis) and will terminate upon the expiration or termination of the Facility Site Lease, or earlier at the option of the Owner Lessor. The Facility Lessee shall also, subject to obtaining any required third party consents, assign to the Owner Lessor upon termination of the Facility Lease any support or similar agreements to the extent relating to the Facility it has with third parties.

Support Arrangements. The Facility Lessee agrees that, to the extent that the rights described in Section 3.1(n) which have already been made available to the Owner Lessor prior to the expiration or termination of the Facility Lease Term, and any rights assigned pursuant to the last sentence of this Section 5.30, are insufficient to permit on a commercially practicable basis during the period following the expiration or termination of the Facility Lease Term, until the end of the Facility's useful life as set forth in the Closing Appraisal, (i) the location, occupation, interconnection (including with respect to electricity, steam, gas and water), maintenance and repair of the Facility, (ii) the use, operation and possession of the Facility, (iii) the use, operation, possession, maintenance, replacement, renewal and repair of all Improvements then required to be made to the Facility, (iv) adequate ingress to and egress from the Facility in connection with the ownership, use, maintenance or operation of the Facility, (v) adequate transmission of electricity from the Facility to enable such Person to deliver the net electrical and steam output of the Facility on a commercially reasonable basis and (vi) the interest of the Owner Lessor (or any successor) in the Undivided Interest or the Ground Interest, the Facility Lessee will cause Calpine to provide, and Calpine will provide, the Owner Lessor with any additional services relating to the Owner Lessor's Interest and operation of the Facility substantially in the same manner as operated as of the Closing Date (to the extent Calpine or any Affiliate thereof then owns or controls the physical assets and/or contractual rights necessary to provide such services (or can enter into contracts on a commercially reasonable basis for such ownership, control or other rights) and remains in the business of providing such services) necessary to permit the Owner Lessor to use the Facility as described in (i) through (vi) above. Such arrangements will provide for fair market value compensation to Calpine (payable periodically on no more frequently than a monthly and no less frequently than on a quarterly basis) and will terminate upon the later of the expiration or termination of the FILOT Lease or the Springing Facility Site Lease, or earlier at the option of the Owner Lessor. The Facility Lessee shall also, subject to obtaining any required third party consents, assign to the Owner Lessor upon termination of the Facility Lease any support or similar agreements to the extent relating to the Facility it has with third parties.

Support Arrangements. The Facility Lessee agrees that, to the extent that the rights described in Section 3.1(n) which have already been made available to the Owner Lessor prior to the expiration or termination of the Facility Lease Term, and any rights assigned pursuant to the last sentence of this Section 5.30, are insufficient to permit on a commercially practicable basis during the period following the expiration or termination of the Facility Lease Term, until the end of the Facility's useful life as set forth in the Closing Appraisal, (i) the location, occupation, interconnection (including with respect to electricity, steam, gas and water), maintenance and repair of the Facility, (ii) the use, operation and possession of the Facility, (iii) the use, operation, possession, maintenance, replacement, renewal and repair of all Improvements then required to be made to the Facility, (iv) adequate ingress to and egress from the Facility in connection with the ownership, use, maintenance or operation of the Facility, (v) adequate transmission of electricity from the Facility to enable such Person to deliver the net electrical and steam output of the Facility on a commercially reasonable basis and (vi) the interest of the Owner Lessor (or any successor) in the Undivided Interest or the Ground Interest, the Facility Lessee will cause Calpine to provide, and Calpine will provide, the Owner Lessor with any additional services relating to the Owner Lessor's Interest and operation of the Facility substantially in the same manner as operated as of the Closing Date (to the extent Calpine or any Affiliate thereof then owns or controls the physical assets and/or contractual rights necessary to provide such services (or can enter into contracts on a commercially reasonable basis for such ownership, control or other rights) and remains in the business of providing such services) necessary to permit the Owner Lessor to use the Facility as described in (i) through (vi) above. Such arrangements will provide for fair market value compensation to Calpine (payable periodically on no more frequently than a monthly and no less frequently than on a quarterly basis) and will terminate upon the expiration or termination of the Facility Site South Point Ground Lease, or earlier at the option of the Owner Lessor. The Facility Lessee shall also, subject to obtaining any required third party consents, assign to the Owner Lessor upon termination of the Facility Lease any support or similar agreements to the extent relating to the Facility it has with third parties.