Common use of Design and Construction of the Facility Clause in Contracts

Design and Construction of the Facility. ‌ (a) The Generator shall design and build the Facility using Good Electric Industry Practice and meet all relevant requirements of the Authoritative Documents, the Connection Agreement, this Agreement, the Permit and Licence (Power Plant), any other Governmental Approvals, and all Applicable Laws, and subject to Section 16.6, the Generator shall be responsible for all costs, expenses, liabilities and other obligations associated therewith. The Generator shall ensure that the Facility is designed and built to operate in accordance with the requirements of this Agreement. (b) The Generator shall at no time during the Term modify, vary or amend in any material respect any of the location, features or specifications of the Project or the Facility: (i) as set out in Schedule 1 (including the Contract Capacity), or (ii) in any manner which could reasonably be expected to result in a material increase in the capacity factor which the Facility is able to achieve (in either case a "Facility Amendment"), without first notifying the AESO in writing and obtaining the AESO's consent in writing. Such consent may be withheld by the AESO in its sole and absolute discretion. (c) Notwithstanding Section 2.1(b), and prior to the Generator procuring and delivering its IE Certificate pursuant to Section 2.6(a)(iii), the Generator may make a one-time election to reduce the Contract Capacity by giving notice to the AESO, provided that the lower Contract Capacity is: (i) no less than eighty percent (80%) of the original Contract Capacity (for clarity, as set out on the original, non-amended Schedule 1 as of the Contract Date), and (ii) greater than or equal to five (5) MW. If the Generator provides a notice which conforms with such restrictions, the Contract Capacity shall, upon receipt by the AESO, be reduced to the amount set forth in such notice, and the actual, nameplate capacity of the Facility being developed shall not in any event exceed such reduced amount. The AESO shall have no obligation to consent to a request to alter the Contract Capacity other than as set out in this Section 2.1(c). Subject to Section 6.2, any such reduction in Contract Capacity shall only affect the amount of Completion and Performance Security that is required to be provided to the AESO after the date of the request for such reduction and, for clarity, shall not result in any change to the Strike Price. If Contract Capacity is reduced in accordance with this Section 2.1(c), then the Parties shall amend Schedule 1 as reasonably required to reflect any changes resulting from such reduction in Contract Capacity, including, as applicable, any resulting amendments to the description of the Facility (including the number of generating units).

Design and Construction of the Facility. ‌ (a) The Generator shall design and build the Facility using Good Electric Industry Practice and meet all relevant requirements of the Authoritative Documents, the Connection Agreement, this Agreement, the Permit and Licence (Power Plant), any other Governmental Approvals, and all Applicable Laws, and subject to Section 16.6, the Generator shall be responsible for all costs, expenses, liabilities and other obligations associated therewith. The Generator shall ensure that the Facility is designed and built to operate in accordance with the requirements of this Agreement. (b) The Generator shall at no time during the Term modify, vary or amend in any material respect any of the location, features or specifications of the Project or the Facility: (i) as set out in Schedule 1 (including the Contract Capacity), or (ii) in any manner which could reasonably be expected to result in a material increase in the capacity factor which the Facility is able to achieve (in either case a "Facility Amendment"), without first notifying the AESO in writing and obtaining the AESO's consent in writing. Such consent may be withheld by the AESO in its sole and absolute discretion. (c) Notwithstanding Section 2.1(b), and prior to the Generator procuring and delivering its IE Certificate pursuant to Section 2.6(a)(iii), the Generator may make a one-time election to reduce the Contract Capacity by giving notice to the AESO, provided that the lower Contract Capacity is: (i) no less than eighty percent (80%) of the original Contract Capacity (for clarity, as set out on the original, non-amended Schedule 1 as of the Contract Date), and (ii) greater than or equal to five (5) MW. If the Generator provides a notice which conforms with such restrictions, the Contract Capacity shall, upon receipt by the AESO, be reduced to the amount set forth in such notice, and the actual, nameplate capacity of the Facility being developed shall not in any event exceed such reduced amount. The AESO shall have no obligation to consent to a request to alter the Contract Capacity other than as set out in this Section 2.1(c). Subject to Section 6.2, any such reduction in Contract Capacity shall only affect the amount of Completion and Performance Security that is required to be provided to the AESO after the date of the request for such reduction and, for clarity, shall not result in any change to the Strike Price. If Contract Capacity is reduced in accordance with this Section 2.1(c), then the Parties shall amend Schedule 1 as reasonably required to reflect any changes resulting from such reduction in Contract Capacity, including, as applicable, any resulting amendments to the description of the Facility (including the number of generating units).

Design and Construction of the Facility. ‌ (a) The Generator shall design and build the Facility using Good Electric Industry Practice and meet all relevant requirements of the Authoritative Documents, the Connection Agreement, this Agreement, the Permit and Licence (Power Plant), any other Governmental Approvals, and all Applicable Laws, and subject to Section 16.6, the Generator shall be responsible for all costs, expenses, liabilities and other obligations associated therewith. The Generator shall ensure that the Facility is designed and built to operate in accordance with the requirements of this Agreement. (b) The Generator shall at no time during the Term modify, vary or amend in any material respect any of the location, features or specifications of the Project or the Facility: (i) as set out in Schedule 1 (including the Contract Capacity)1, or (ii) in any manner which could reasonably be expected to result in a material increase in the capacity factor which the Facility is able to achieve (in either case a "Facility Amendment"), without first notifying the AESO in writing and obtaining the AESO's consent in writing. Such consent may be withheld by the AESO in its sole and absolute discretion. (c) Notwithstanding Section 2.1(b), and prior to the Generator procuring and delivering its IE Certificate pursuant to Section 2.6(a)(iii), the Generator may make a one-time election to reduce the Contract Capacity by giving notice to the AESO, provided that the lower Contract Capacity is: (i) no less than eighty percent (80%) of the original Contract Capacity (for clarity, as set out on the original, non-amended Schedule 1 as of the Contract Date), and (ii) greater than or equal to five (5) MW. If the Generator provides a notice which conforms with such restrictions, the Contract Capacity shall, upon receipt by the AESO, be reduced to the amount set forth in such notice, and the actual, nameplate capacity of the Facility being developed shall not in any event exceed such reduced amount. The AESO shall have no obligation to consent to a request to alter the Contract Capacity other than as set out in this Section 2.1(c). Subject to Section 6.2, any such reduction in Contract Capacity shall only affect the amount of Completion and Performance Security that is required to be provided to the AESO after the date of the request for such reduction and, for clarity, shall not result in any change to the Strike Price. If Contract Capacity is reduced in accordance with this Section 2.1(c), then the Parties shall amend Schedule 1 as reasonably required to reflect any changes resulting from such reduction in Contract Capacity, including, as applicable, any resulting amendments to the description of the Facility (including the number of generating units).