System Relocation or Replacement. Customer shall have the option to provide Seller with a mutually agreeable substitute premises and facility that are suitable for the installation of the System (or a substantially similar system) located within the same utility district as the Premises and Facility to be vacated, or in a location with similar utility rates and Insolation to substitute for the Premises and Facility. Customer shall provide written notice at least 60 days but not more than 180 days prior to the date that it wants to make this substitution. In connection with such substitution, Customer shall execute an amended agreement that shall have all of the same terms as this Agreement except for (i) the Effective Date; (ii) the License, which will be amended to grant rights in the real property where the System will be relocated to; and (iii) the Term, which will be equal to the remainder of the Term of this Agreement calculated starting at the shutdown of the System pursuant to such relocation, and shall toll until the relocated or replaced System achieves commercial operation at such new location. Such amended agreement shall be deemed to be a continuation of this Agreement without termination. In addition (and if noted as required in Exhibit A), Customer shall also provide any new consents, estoppels, or acknowledgments reasonably required by Financing Parties in connection with the substitute premises.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
