Common use of System Relocation Clause in Contracts

System Relocation. If Purchaser ceases to conduct activities or operations at the Project Site or vacates the Project Site, or Purchaser is otherwise unable to continue to host the System at the Project Site or accept the Output delivered by the System for any other reason (other than as a result of a Seller Event of Default, Force Majeure Event or Change in Law), Purchaser may propose in writing to Seller the relocation of the System in lieu of termination of the Agreement. Following Xxxxxx’s receipt of such Notice, the Parties shall negotiate in good faith an agreement for the relocation of the System to a different site. If the Parties reach agreement on the relocation of the System, Purchaser shall be obligated to pay for the reasonable costs incurred by Seller, subject to Cost Substantiation, in relocating the System and installation and testing of the System at such new project site, and Purchaser shall not be liable for any other damage, penalty or payment hereunder. If the Parties are unable to reach agreement on relocation of the System within sixty (60) Days after the date of receipt of Purchaser’s proposal and Purchaser is the Defaulting Party, Seller may terminate this Agreement pursuant to Section 12.3.

Appears in 3 contracts

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

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System Relocation. If Purchaser ceases to conduct activities or operations at the Project Site or vacates the Project Site, or Purchaser is otherwise unable to continue to host the System at the Project Site or accept the Output delivered by the System for any other reason (other than as a result of a Seller Event of Default, Force Majeure Event or Change in Law), Purchaser may propose in writing to Seller the relocation of the System in lieu of termination of the Agreement. Following Xxxxxx’s receipt of such Notice, the Parties shall negotiate in good faith an agreement for the relocation of the System to a different site. If the Parties reach agreement on the relocation of the System, Purchaser shall be obligated to pay for the reasonable costs incurred by Seller, subject to Cost Substantiation, in relocating the System and installation and testing of the System at such new project site, and Purchaser shall not be liable for any other damage, penalty or payment hereunder. If the Parties are unable to reach agreement on relocation of the System within sixty (60) Days after the date of receipt of Purchaser’s proposal and Purchaser is the Defaulting Party, Seller may terminate this Agreement pursuant to Section 12.3.12.3.‌

Appears in 2 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement

System Relocation. If Purchaser ceases to conduct activities or operations at the Project Site or vacates the Project Site, or Purchaser is otherwise unable to continue to host the System at the Project Site or accept the Output delivered by the System for any other reason (other than as a result of a Seller Event of Default, Force Majeure Event or Change in Law), Purchaser may propose in writing to Seller the relocation of the System in lieu of termination of the Agreement. Following Xxxxxx’s receipt of such Notice, the Parties shall negotiate in good faith an agreement for the relocation of the System to a different site. If the Parties reach agreement on the relocation of the System, Purchaser shall be obligated to pay for the reasonable costs incurred by Seller, subject to Cost Substantiation, in relocating the System and installation and testing of the System at such new project site, and Purchaser shall not be liable for any other damage, penalty or payment hereunder. If the Parties are unable to reach agreement on relocation of the System within [sixty (60) )] Days after the date of receipt of Purchaser’s proposal and Purchaser is the Defaulting Party, Seller may terminate this Agreement pursuant to Section 12.3.

Appears in 2 contracts

Samples: Solar Power Purchase Agreement, Model Solar Power Purchase Agreement

System Relocation. If Purchaser ceases to conduct activities or operations at the Project Site or vacates the Project Site, or Purchaser is otherwise unable to continue to host the System at the Project Site or accept the Output delivered by the System for any other reason (other than as a result of a Seller Event of Default, Force Majeure Event or Change in Law), Purchaser may propose in writing to Seller the relocation of the System in lieu of termination of the Agreement. Following XxxxxxSeller’s receipt of such Notice, the Parties shall negotiate in good faith an agreement for the relocation of the System to a different site. If the Parties reach agreement on the relocation of the System, Purchaser shall be obligated to pay for the reasonable costs incurred by Seller, subject to Cost Substantiation, in relocating the System and installation and testing of the System at such new project site, and Purchaser shall not be liable for any other damage, penalty or payment hereunder. If the Parties are unable to reach agreement on relocation of the System within sixty (60) Days after the date of receipt of Purchaser’s proposal and Purchaser is the Defaulting Party, Seller may terminate this Agreement pursuant to Section 12.3.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

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System Relocation. If Purchaser ceases to conduct activities or operations at the Project Site or vacates the Project Site, or Purchaser is otherwise unable to otherwiseunableto continue to host the System at the Project Site or accept the Output delivered by the System for any other reason (other than as a result of a Seller Event of Default, Force Majeure Event or Change in Law), Purchaser may propose in writing to Seller the relocation of the System in lieu of termination of the Agreement. Following Xxxxxx’s receipt of such Notice, the Parties shall negotiate in good faith an agreement for the relocation of the System to a different site. If the Parties reach agreement on the relocation of the System, Purchaser shall be obligated to pay for the reasonable costs incurred by Seller, subject to Cost Substantiation, in relocating the System and installation and testing of the System at such new project site, and Purchaser shall not be liable for any other damage, penalty or payment hereunder. If the Parties are unable to reach agreement on relocation of the System within sixty (60) Days after the date of receipt of Purchaser’s proposal and Purchaser is the Defaulting Party, Seller may terminate this Agreement pursuant to Section 12.3.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

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