Common use of Utility Approvals Clause in Contracts

Utility Approvals. ‌ Notwithstanding that Provider shall have primary responsibility for preparing applications and obtaining all permits, licenses and approvals required for the performance of work under this Agreement, Customer agrees to reasonably assist Provider in obtaining necessary permits, licenses and approvals in connection with the installation, operation and maintenance of the System, including the submission of applications for interconnection of the System with the local electric utility. Customer shall not make any material changes to its electrical equipment at the Site after the date on which the applicable utility interconnection application is submitted unless any such changes, individually or in the aggregate, would not adversely affect the approval by such utility of such interconnection. Should the local electric utility fail to approve the interconnection of the System or require equipment in addition to the equipment set forth in Schedule B in connection with the Site, Provider may, at Provider’s option, terminate this Agreement immediately subsequent to notification from the local utility. The Parties shall not be obligated to go forward with installation of the System if the applicable utility approvals are conditioned upon material upgrades to the existing electrical infrastructure and neither Party elects to provide for such upgrades. Customer also agrees to assist Provider and make all necessary repairs or changes to the existing electrical infrastructure so that the Site and System are eligible for the Environmental Financial Incentives.

Appears in 3 contracts

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

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Utility Approvals. ‌ Notwithstanding that Provider shall have primary responsibility for preparing applications and obtaining all permits, licenses and approvals required for the performance of work under this Agreement, Customer agrees to reasonably assist Provider in obtaining necessary permits, licenses and approvals in connection with the installation, operation and maintenance of the System, including the submission of applications for interconnection of the System with the local electric utility. Customer shall not make any material changes to its electrical equipment at the Site after the date on which the applicable utility interconnection application is submitted unless any such changes, individually or in the aggregate, would not adversely affect the approval by such utility of such interconnection. Should the local electric utility fail to approve the interconnection of the PV System or require equipment in addition to the equipment set forth in Schedule B in connection with the Site, Provider may, at Provider’s option, terminate this Agreement immediately subsequent to notification from the local utility. Should the local electric utility fail to approve the interconnection of the ESS or require equipment in addition to the equipment set forth in Schedule B in connection with the Site, Provider may, at Provider’s option, elect not to install the ESS and cause a Storage Services Termination. The Parties shall not be obligated to go forward with installation of the System if the applicable utility approvals are conditioned upon material upgrades to the existing electrical infrastructure and neither Party elects to provide for such upgrades. Customer also agrees to assist Provider and make all necessary repairs or changes to the existing electrical infrastructure so that the Site and System are eligible for the Environmental Financial Incentives.

Appears in 3 contracts

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

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Utility Approvals. Notwithstanding that Provider shall have primary responsibility for preparing applications and obtaining all permits, licenses and approvals required for the performance of work under this Agreement, Customer agrees to reasonably assist Provider in obtaining necessary permits, licenses and approvals in connection with the installation, operation and maintenance of the System, including the submission of applications for interconnection of the System with the local electric utility. Customer shall not make any material changes to its electrical equipment at the Site after the date on which the applicable utility interconnection application is submitted unless any such changes, individually or in the aggregate, would not adversely affect the approval by such utility of such interconnection. Should the local electric utility fail to approve the interconnection of the PV System or require equipment in addition to the equipment set forth in Schedule B in connection with the Site, Provider may, at Provider’s option, terminate this Agreement immediately subsequent to notification from the local utility. Should the local electric utility fail to approve the interconnection of the ESS or require equipment in addition to the equipment set forth in Schedule B in connection with the Site, Provider may, at Provider’s option, elect not to install the ESS and cause a Storage Services Termination. The Parties shall not be obligated to go forward with installation of the System if the applicable utility approvals are conditioned upon material upgrades to the existing electrical infrastructure and neither Party elects to provide for such upgrades. Customer also agrees to assist Provider and make all necessary repairs or changes to the existing electrical infrastructure so that the Site and System are eligible for the Environmental Financial Incentives.

Appears in 1 contract

Samples: Power Purchase and Storage Services Agreement

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