Common use of System Design and Construction Clause in Contracts

System Design and Construction. Exhibit A (System Design and Construction) attached hereto sets forth the design, engineering and construction specifications for the System, as well as assumptions made by the Provider regarding the Site conditions, the electrical conditions, and System attributes (such assumptions being referred to herein as the “Standards”). Schedule B (Description of System) sets forth the known actual conditions for the Site and the System, including deviations from the Standards. The Standards are such that the described items for the System will not need repair, replacement, modification or construction beyond that described in Exhibit A and Schedule B in order for Provider to properly construct and install the System. If the construction and installation of the System is required for any reason (except for reasons attributable to Provider) to deviate from the Standards and Schedule B, Provider will notify the Customer and provide an estimate of any incremental cost to Customer and Customer will have the option to (i) pay the incremental cost at the time the cost is incurred and billed to the Customer, (ii) pay the incremental cost over the Term through a calculated increase in the kWh Rate, or (iii) elect an alternative location subject to the conditions of Section 3.1.2.

Appears in 7 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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System Design and Construction. Exhibit A (System Design and Construction) attached hereto sets forth the design, engineering and construction specifications for the System, as well as assumptions made by the Provider regarding the Site conditions, the electrical conditions, and System attributes (such assumptions being referred to herein as the “Standards”). Schedule B (Description of System) sets forth the known actual conditions for the Site and the System, including deviations from the Standards. The Standards are such that the described items for the System will not need repair, replacement, modification or construction beyond that described in Exhibit A and Schedule B in order for Provider to properly construct and install the System. If the construction and installation of the System is required for any reason (except for reasons attributable to Provider) to deviate from the Standards and Schedule B, Provider will notify the Customer and provide an estimate of any incremental cost to Customer and Customer will have the option to (i) pay the incremental cost at the time the cost is incurred and billed to the Customer, (ii) pay the incremental cost over the Term through a calculated increase in the kWh RateRate and/or Storage Services Fee, or (iii) elect an alternative location subject to the conditions of Section 3.1.2.

Appears in 4 contracts

Samples: Power Purchase and Storage Services Agreement, Power Purchase and Storage Services Agreement, Power Purchase and Storage Services Agreement

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