Amendment to the PPA Sample Clauses
The "Amendment to the PPA" clause defines the process and requirements for making changes to the Power Purchase Agreement (PPA) after it has been executed. Typically, this clause specifies that any modifications must be made in writing and agreed upon by all parties involved, ensuring that verbal agreements or informal changes are not legally binding. Its core practical function is to maintain clarity and mutual consent regarding any alterations to the contract, thereby preventing disputes over unauthorized or misunderstood changes.
Amendment to the PPA. Purchaser shall not amend or otherwise modify the PPA, or seek or provide any waiver of any term or condition of the PPA, in a manner that adversely and materially affects Purchaser’s rights under this Agreement or that would result in an increase in Owner’s liability pursuant to clause (b) of “Owner Termination Payment,” clause (b)(ii) of “Owner Termination Payment” (as defined in the Distribution Company TSA) or Section 3.3.3 or that would affect Owner’s rights under Section 7.2(b) without the consent of Owner, which consent shall not be unreasonably withheld, conditioned or delayed. Purchaser shall provide Owner with notice of any amendment or other modification to Section 8.3 of the PPA prior to the effective date of such amendment.
Amendment to the PPA. The PPA shall be amended as follows:
1.1 The table contained in Section 1.1 of the PPA shall be deleted in its entirety and restated as follows:
1.2 Section 1.4 of the PPA shall be deleted in its entirety and replaced with the following:
Amendment to the PPA. Protests:
Amendment to the PPA. The PPA shall be amended as follows:
1.1 The table contained in Section 1.1 of the PPA shall be deleted in its entirety and restated as follows: Contract Year MinimumTons per Year
1.2 The first three sentences of Section 2.1 of the PPA shall be deleted in its entirety and restated as follows: “The pricing for each of the Products for each Contract Year shall be as set forth on Appendix C attached hereto and incorporated by reference (“Contract Price”). The parties agree that all Products ordered by Buyer will be loaded onto Buyer or Smart Sand supplied railcars (which Smart Sand railcars shall consist of up to *** railcars for Products), and shipped as specified in the purchase order, provided, however, that (i) Buyer agrees to comply with all freight scheduling mechanisms and timeframes designated by Smart Sand in writing to Buyer from time to time, and (ii) all railcars and trucks supplied by Buyer will be set up to receive unpackaged Products, and (iii) delivery of the Products shall occur upon the transfer of Products into the applicable railcar or truck, as the case may be, via a delivery chute. Delivery will be, and all prices are quoted, FCA Smart Sand’s rail spur facility located in Oakdale, Wisconsin, or such other Smart Sand facility as determined by Smart Sand, Incoterms 2010; provided, however, that notwithstanding anything to the contrary set forth in this Agreement, at the request of Buyer and subject to transload availability, as determined by Smart Sand in its sole discretion, Products may be delivered DAP Tidewater’s transload facility in Steubenville, Ohio (the “Terminal”), Incoterms 2010. All Products delivered to the Terminal shall count towards satisfying the Minimum Tons per Year under the PPA. Buyer must pay in full for any order for Products to be delivered to the Terminal that is subsequently cancelled if Smart Sand has ordered locomotive power for such order and provided written notice and supporting documentation to Buyer that it has ordered such locomotive power, in each case, prior to Smart Sand’s receipt of notification of such cancellation.”
1.3 The following shall be added to the end of Section 5 of the PPA: “Irrespective of where the Products are being delivered, all testing for Specifications shall occur at Smart Sand’s Oakdale, Wisconsin facility.”
1.4 The reference in Section 4.2 of the PPA to “December 31, 2020” shall be deleted in its entirety and replaced with “December 31, 2021”.
1.5 The reference in Section 7.1 of t...
Amendment to the PPA. (a) As of the Amendment Effective Date, Section 10.1 (“Term”) of the PPA is deleted in its entirety and the following is substituted in lieu thereof:
10.1. Term Subject to the terms and conditions of this Agreement, including the final approval of the Michigan Public Service Commission (“MPSC”), this Agreement shall commence on the Effective Date, and shall continue in effect until 11:59:59 p.m. (EST) on May 31, 2022 (the “Termination Date”), unless terminated earlier as expressly provided herein.”
(b) As of the Amendment Effective Date, Exhibit A (“Capacity and Energy Charges”) of the PPA is deleted in its entirety and the Exhibit A (“Capacity and Energy Charges”) attached hereto and incorporated herein by reference as Attachment 1 is substituted in lieu thereof.
(c) As of the Amendment Effective Date, the following is added to Section 2.4: “