Common use of Unit Modifications Clause in Contracts

Unit Modifications. Absent consent of the Buyer, which may be withheld or delayed until such time as the conditions specified in this Section 3.1(e) are satisfied, Seller shall not, nor permit any other Person to undertake any construction at, or modification of, a Unit or the Facility or increase, modify or decrease the Capacity [or modify or decrease the Heat Rate] of the Units that are committed to Buyer (as compared to its Design Capacity [and Guaranteed Heat Rate]); nor take any other action that would, or may reasonably be expected to, impair or limit the ability of a Unit to supply Products to the Buyer, the ability of the Buyer to purchase or receive Products from such Unit, the rights of the Buyer to full and exclusive rights to all of the Capacity of the Units, [the ability of the Buyer to deliver all Gas required for Scheduled Operations] or the ability of Seller to deliver any and all Products that the Unit is capable of producing, as set forth in Appendix II, as measured at the Electrical Delivery Point, including the full amount of the Monthly Contract Capacity. Buyer’s consent pursuant to this paragraph must be in writing and, in its sole discretion, Buyer may delay its consent until it determines whether, or withhold its consent if it determines that, the proposed change would impair or limit the ability of the Seller to supply and deliver Products from the Unit to the Buyer, the ability of the Buyer to purchase or receive Products from such Unit, or the Buyer’s full and exclusive rights to all of the Capacity of the Units or otherwise affect Buyer’s interests in the Unit. Nothing in this Section 3.1(e) shall be deemed to limit or impair the ability of the Seller, or require Buyer’s consent, to perform or cause to be performed routine maintenance or Major Maintenance overhauls in the ordinary course of business, including those that may result in restoring Design Capacity [or Heat Rate] lost through degradation. [For renewable facilities, omit the bracketed language. For agreements that are not tolling agreement, include the first two bracketed phrases and the last, but omit the third.]

Unit Modifications. Absent consent of the Buyer, which may be withheld or delayed until such time as the conditions specified in this Section 3.1(e) are satisfied, Seller shall not, nor permit any other Person to undertake any construction at, or modification of, a Unit or the Facility or modify, increase, modify or decrease the Capacity [Capacity, or modify or decrease increase the Heat Rate] Rate of the Units that are committed to Buyer (as compared to its Design Capacity [and Guaranteed Heat Rate]); nor take any other action that would, or may reasonably be expected to, impair or limit the ability of a Unit to supply Products to the Buyer, the ability of the Buyer to purchase or receive Products from such Unit, the rights of the Buyer to full and exclusive rights to all of the Capacity of the Units, [the ability of the Buyer to deliver all make Gas required for Scheduled Operations] available at the Gas Delivery Point, or the ability of Seller to deliver any and all Products that the Unit is capable of producing, as set forth in Appendix II, as measured at the Electrical Delivery Point, including the full amount of the Monthly Maximum Contract Capacity. Buyer’s consent pursuant to this paragraph must be in writing and, in its sole discretion, Buyer may delay its consent until it determines whether, or withhold its consent if it determines that, the proposed change would impair or limit the ability of the Seller to supply and deliver Products from the Unit to the Buyer, the ability of the Buyer to purchase or receive Products from such Unit, or the Buyer’s full and exclusive rights to all of the Capacity of the Units or otherwise affect Buyer’s interests in the Unit. Nothing in this Section 3.1(e) shall be deemed to limit or impair the ability of the Seller, or require Buyer’s consent, Seller to perform or cause to be performed routine maintenance or Major Maintenance overhauls in the ordinary course of business, including those that may result in restoring Design Capacity [or Heat Rate] Rate lost through degradation. [For renewable facilities, omit subject to the bracketed language. For agreements that are not tolling agreement, include the first two bracketed phrases and the last, but omit the thirdprovisions of Section 3.10.]