Common use of SYSTEM DECOMMISSIONING Clause in Contracts

SYSTEM DECOMMISSIONING. The System shall be decommissioned at such time, no earlier than 15 years and no later than 25 years from the Initial RFS Date, as either FA-1 or the holders of three quarters of the then activated capacity on the System determine that the System is technically obsolete or has reached the end of its useful economic life. There shall be no compensation payable to Purchaser whether Purchaser voted for or against decommissioning. FA-1 shall where possible notify Purchaser if the System or any material portion thereof is to be decommissioned at least 12 months prior to such decommissioning (or by such later date as may be possible if 12 months notice is not possible). This provision is without prejudice to the rights of FA-1 to decommission the System without any liability to Purchaser whatsoever in the event of a force majeure event which makes it impossible to maintain the business efficacy of the System.