Common use of Amendments to Contracts Clause in Contracts

Amendments to Contracts. The Borrower shall not terminate, amend, replace or modify (other than immaterial amendments or modifications as certified by the Borrower) any Project Contract (other than the Power Purchase Agreement, the Energy Services Agreement, the Coal Purchase Agreement (except the ▇▇▇▇▇▇ Coal Contract) or any replacement of any of the foregoing, with respect to which agreements the proviso below in this paragraph (d) shall apply) as such Project Contract is then in effect on the date of such proposed termination, amendment, replacement or modification, unless (i) the Borrower certifies that such termination, amendment, replacement or modification is not reasonably expected to have a Material Adverse Effect and such termination, amendment, replacement or modification is not reasonably expected to materially increase the likelihood of the occurrence of a future Material Adverse Effect and (ii) the Independent Engineer does not within thirty (30) days of receipt of such certificate disagree in writing with the certification provided pursuant to clause (i); provided, that the Borrower shall not, without the prior written consent of the Required Banks, agree to or acquiesce in the cancellation, suspension, replacement or termination (other than the normal expiration of an agreement in accordance with its terms) of the Power Purchase Agreement, the Energy Services Agreement or the Coal Purchase Agreement (except the ▇▇▇▇▇▇ Coal Contract) or any material amendment, supplement or modification of, or material consent or waiver with respect to, any of the provisions of the agreements referred to in this proviso (other than the ▇▇▇▇▇▇ Coal Contract).