Common use of Upon Completion of the Facility Clause in Contracts

Upon Completion of the Facility. (A) Upon Seller’s completion of the Facility, Company shall make available to Seller only as much area as necessary for ongoing operation of the Facility under the terms of this Agreement. The Company shall work with Seller to physically demarcate, at Seller’s expense, the boundaries of the area that will be made available to Seller for the remainder of the Term after Seller’s completion of the Facility. (B) Upon Seller’s request during the Term of this Agreement, Company, in its sole discretion, may make available to Seller additional acreage, on a temporary basis, for Seller’s maintenance, repair or replacement of the Facility, or any portion thereof, on an as-needed basis; provided, however, that the additional acreage shall not exceed the boundaries of the area shown on the site plan attached as Exhibit X.1 (Site Plan) to this Attachment X (Company-Owned Site). At any time during the Term, the actual available area that may be available to Seller for such maintenance, repair or replacements activities may change in accordance with the Company’s needs and then-current utilization plans for the area, all of which the Company hereby reserves in its sole and absolute discretion.

Appears in 4 contracts

Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement

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Upon Completion of the Facility. (A) Upon Seller’s completion of the Facility, Company shall make available to Seller only as much area as necessary for ongoing operation of the Facility under the terms of this Agreement. The Company shall work with Seller to physically demarcate, at Seller’s expense, the boundaries of the area that will be made available to Seller for the remainder of the Term after Seller’s completion of the Facility. (B) Upon Seller’s request during the Term of this Agreement, Company, in its sole discretion, may make available to Seller additional acreage, on a temporary basis, for Seller’s maintenance, repair or replacement of the Facility, or any portion thereof, on an as-needed basis; provided, however, that the additional acreage shall not exceed the boundaries of the area shown on the site plan attached as Exhibit X.1 Z.1 (Site Plan) to this Attachment X Z (Company-Owned Site). At any time during the Term, the actual available area that may be available to Seller for such maintenance, repair or replacements activities may change in accordance with the Company’s needs and then-current utilization plans for the area, all of which the Company hereby reserves in its sole and absolute discretion.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Upon Completion of the Facility. (A) Upon Seller’s completion of the Facility, Company shall make available to Seller only as much area as necessary for ongoing operation of the Facility under the terms of this AgreementAgreement for the remainder of the Term (the “Post-Construction Area”). The Company shall work with Seller to physically demarcate, at Seller’s expense, the boundaries of the area that will be made available to Seller for the remainder of the Term after Seller’s completion of the FacilityPost-Construction Area. (B) Upon Seller’s request during the Term of this Agreement, Company, in its sole discretion, may make available to Seller additional acreage, on a temporary basis, for Seller’s maintenance, repair or replacement of the Facility, or any portion thereof, on an as-needed basis; provided, however, that the additional acreage shall not exceed the boundaries of the area shown on the site plan attached as Exhibit X.1 (Site Plan) to this Attachment X (Company-Owned Site). At any time during the Term, the actual available area that may be available to Seller for such maintenance, repair or replacements activities may change in accordance with the Company’s needs and then-current utilization plans for the area, all of which the Company hereby reserves in its sole and absolute discretion.

Appears in 2 contracts

Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement

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