Examples of Phase III Cogeneration Facility in a sentence
The City and Miramar Energy LLC (the "Company"), a Delaware limited liability company, have entered into that certain Phase III Cogeneration Facility Site Lease Agreement, dated as of July 1, 2010 (the "Phase III Site Lease"), whereby the Company has agreed to finance, design, construct, own, operate and maintain cogeneration facilities and lease certain property, all as more particularly described therein.
In addition, the City may require the Phase III Cogeneration Facility Contractor to pay the City’s reasonable attorney’s fees and costs in participating in such action if the City shall decide it is in its best interest to do so.
The City further agrees that the Cogenerator may remove and dispose of the chiller and boiler installed at the Cogeneration Facility Site and all ancillary equipment associated with the operation of such chiller and boiler and use the area of the chiller, boiler and any such ancillary equipment as a portion of the future location for the Phase III Cogeneration Facility; provided, however, that the removal of any such ancillary equipment shall not affect the operation of the existing heat recovery system.
Upon any unexcused failure by the Phase III Cogeneration Facility Contractor in the payment or performance of any Obligation and the giving of such notice or demand, if any, to the Phase III Cogeneration Facility Contractor and Guarantor as may be required in connection with such Obligation and this Guaranty, the liability of the Guarantor shall be effective and shall immediately be paid or performed.
To the extent that any damage occurs to the Phase III Cogeneration Facility or the Utility Interface that arises from the activities of and are the fault of the City, or any other contractor, agent, licensee or invitee of the City, all of such damages shall be the responsibility of the City.
The City hereby agrees to grant to the Utility Company and any other public utility or utilities or other purchaser to which the Phase III Cogeneration Facility Contractor sells or delivers for transmission the Cogeneration Facility Products all necessary rights of way and easements to install, operate, maintain, replace, relocate and remove the Utility Interface and any required pipelines and related equipment.
However, all costs and expenses incurred by the City in making any such repairs shall, to the extent not covered by any insurance coverage carried by the Phase III Cogeneration Facility Contractor, be reimbursable to the City by the Phase III Cogeneration Facility Contractor within thirty (30) days after presentation to the City of an invoice therefor.
The City shall have the right to make such election to purchase the Phase III Cogeneration Facility up to one (1) year preceding the expiration of the Term.
A special franchise granted by a department or agency of the City or by its governing board or council may be required for the Phase III Cogeneration Facility Contractor to implement such direct intertie.
At least six (6) months prior to the expiration of the Term, the parties hereto will enter into good faith negotiations to determine the Fair Market Value of the Phase III Cogeneration Facility pursuant to subsection (A) above.