West Xxxx Facility Sample Clauses

West Xxxx Facility. (i) Lessee has informed Lessor and Administrative Agent that the Facility identified as West Xxxx in the Pro Forma Budget (the "West Xxxx Facility") will achieve Substantial Completion when the first eight Turbines (the "Pre-Completion Turbines") allocated to the West Xxxx Facility are installed and tested in accordance with the Existing Turbine Contract (such date to be the "West Xxxx Facility Completion Date"), notwithstanding the fact that the Pro Forma Budget contemplates the delivery of two (2) additional Turbines together with the related Site Improvements for such additional Turbines (such additional Turbines and related Site Improvements the "Post-Completion Assets") to be completed following the West Xxxx Facility Completion Date. (ii) Lessee agrees that the Facility Materials to be delivered pursuant to Section 6.4 and thereafter in connection with the West Xxxx Facility Completion Date, including the applicable Facility Budget, Facility EPC Contract and Plans and Specifications, shall provide that Substantial Completion will occur for such Facility, including the Pre-Completion Turbines and the portion of the Site Improvements constituting Site Improvements, on the West Xxxx Facility Completion Date, whether or not the Post-Completion Assets are still in the process of being acquired, constructed or installed. The parties further agree that (i) the Facility Completion Date and Applicable Base Term Commencement Date will occur with respect to such Facility, including the Pre-Completion Turbines, the related Site Improvements and the Site Improvements relating to the Post-Completion Assets for all purposes under the Operative Agreements on the West Xxxx Facility Completion Date, (ii) the two (2) Turbines (including the other non-Turbine Units related thereto) included in the Post-Completion Assets will be the subject of a separate Equipment Lease Supplement and will achieve Unit Completion for each such Unit upon Shipment of the two (2) Turbines, at which time such Units and the amounts allocated thereto will be reallocated to the West Xxxx Facility and the applicable Facility Lease Supplement will be amended to include such Equipment, and (iii) notwithstanding the other provisions of the Operative Agreements, the proceeds from the sale of the Units subject to such separate Equipment Lease will be treated as proceeds from the Facility and may be applied to reduce amounts due under the Facility Lease Supplement pursuant to Section 5.3(d)(i) and Sec...
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Related to West Xxxx Facility

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