As-Built Supplement. No later than thirty (30) days following Final Completion, Seller must provide PacifiCorp the As-Built Supplement, which As-Built Supplement will automatically be deemed incorporated into Exhibits B and C, as applicable, effective upon receipt by PacifiCorp, provided that in no event will such updated Exhibits B and C reflect changes to the Facility that result or are reasonably expected to result in deviations from Exhibit A. After delivery of the As-Built Supplement, Seller may modify the Facility, whether by replacement or modification of the Facility equipment or related infrastructure, in a manner that alters the Facility as reflected in the As-Built Supplement; provided, however, that (a) Seller provides PacifiCorp prior written notice of any such material modification to the Facility; (b) Seller provides PacifiCorp with such reasonable information with respect to any (whether or not material) modification to the Facility as PacifiCorp may reasonably request; and (c) Seller may not make any modification to the Facility that results or is reasonably expected to result in deviations from Exhibit A, without the prior written consent of PacifiCorp, such consent not to be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary contained in this Section 6.1, in no event will PacifiCorp be required to pay Seller based on (i) any Net Output at a rate above the Expected Nameplate Capacity Rating or the Maximum Delivery Rate delivered in any hour to the Point of Delivery or (ii) any Storage Energy Capacity above the Storage Power Capacity Guarantee, in each case, as a result of any such modification to the Facility.
Appears in 1 contract
Sources: Power Purchase Agreement
As-Built Supplement. No later than thirty (30) days following Final Completion, Seller must provide PacifiCorp the As-Built Supplement, which As-Built Supplement will automatically be deemed incorporated into Exhibits B and C, as applicable, effective upon receipt by PacifiCorp; provided, provided that in no event will such updated Exhibits B and C reflect changes to the Storage Facility that result or are reasonably expected to result in deviations from Sections I or II of Exhibit A. After delivery of the As-Built Supplement, Seller may modify the Storage Facility, whether by replacement or modification of the Storage Facility equipment or related infrastructure, in a manner that alters the Storage Facility as reflected in the As-Built Supplement; provided, however, that (a) Seller provides PacifiCorp prior written notice of any such material modification to the Storage Facility; (b) Seller provides PacifiCorp with such reasonable information with respect to any (whether or not material) modification to the Storage Facility as PacifiCorp may reasonably request; and (c) Seller may not make any modification to the Storage Facility that results or is reasonably expected to result in deviations from Sections I or II of Exhibit A, without the prior written consent of PacifiCorp, such consent not to be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary contained in this Section 6.1, in no event will PacifiCorp be required to pay Seller based on (i) any Net Output at a rate above the Expected Nameplate Storage Power Capacity Rating or the Maximum Delivery Rate delivered in any hour to the Point of Delivery or (ii) purchase any Storage Energy Capacity Capacity, in each case, above the Storage Power Capacity Guarantee, in each case, Guarantee as a result of any such modification to the Facility.Storage Facility.
6.1.1 [Under no circumstances will the Storage Facility share facilities (including all interconnection facilities owned by Seller or an Affiliate of Seller) with another generating or storage facility, whether an Affiliate of Seller or not; provided, that Seller can share any interconnection facilities which are part of the Storage Facility with another facility if Seller obtains the prior written consent of PacifiCorp, such consent not to be unreasonably withheld, conditioned or delayed. The Storage Facility and its mechanical components, buildings, infrastructure and associated facilities and equipment, including interconnection facilities, will be used solely for the purpose of generating, charging, storing and discharging energy under this Agreement.]12//[Under no circumstances will the Storage Facility share facilities (including all interconnection facilities owned by Seller or an Affiliate) with another generating or storage facility, whether an Affiliate of Seller or not; provided, that Seller can share (i) the Shared Facilities with the owner(s) of other generating and storage facilities pursuant to and in accordance with the terms of the Shared Facilities Agreement and (ii) any other facilities which are part of the Storage Facility with the owner(s) of any other generating or storage facility if Seller (A) provides PacifiCorp with a true and correct copy of the shared facilities agreement governing the use of such other facilities between or among Seller and such owner(s) (the “Other Shared Facilities Agreement”) and (B) obtains the prior written consent of PacifiCorp, such consent not to be unreasonably withheld, conditioned or delayed; provided, further, that in no event will the Shared Facilities Agreement or Other Shared Facilities Agreement, including any amendment or modification thereto, or the sharing of facilities and/or rights under the Generation Interconnection Agreement thereunder adversely impact or effect the operation or performance of the Storage Facility, including the operating characteristics and limitations and technical specifications of the Storage Facility as set forth in Exhibits A, B, C, P, and Q, or the ability of Seller to comply with any of its obligations under this Agreement. Seller will provide PacifiCorp with a copy of any amendment or modification to the Shared Facilities Agreement or the Other Shared Facilities Agreement at least ten (10) Business Days before execution, and PacifiCorp’s prior consent will 12 NTD: These provisions are applicable if there are no Shared Facilities or no Shared Facilities Agreement contemplated as of the Execution Date. be required if such amendment or modification or the sharing of facilities and/or rights under the Generation Interconnection Agreement thereunder would reasonably be expected to adversely impact or effect the operation or performance of the Storage Facility, including the operating characteristics and limitations and technical specifications of the Storage Facility as set forth in Exhibits A, B, C, P, and Q, or the ability of Seller to comply with any of its obligations under this Agreement. PacifiCorp’s consent will not be unreasonably withheld, conditioned, or delayed. Except as provided in this Section 6.1.1, the Storage Facility and its mechanical components, buildings, infrastructure, and associated facilities and equipment, including interconnection facilities, will be used solely for the purpose of generating, charging, storing and discharging energy under this Agreement.]13
Appears in 1 contract
Sources: Energy Storage Agreement