Condition of Materials. The Materials and Equipment, including any rented Equipment, fixtures, software, any related items of personal property and other tangible personal property of Developer, Contractor or any Subcontractor constituting the Facility, shall be OEM Certified, and shall be suitable for their current use in the generation of energy in accordance with the Technical Specification. All Equipment and Materials shall be procured solely for use in connection with the Project. Except as agreed to in writing by PacifiCorp, Developer shall not allow any Equipment to be placed into storage for more than one (1) year prior to shipping to the Site, nor utilize any Equipment in the Project that has been so stored.
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