Common use of Facility Contracts Clause in Contracts

Facility Contracts. In addition to any other agreements that Seller is required to provide Avista under this Agreement, at the request of Avista, Seller shall promptly provide to Avista copies of the following major contracts and agreements which govern Seller and the design and construction of the Facility, as contemplated by this Agreement: (i) contracts for the manufacture, delivery and installation of the generation equipment and step- up transformation equipment; (ii) engineering, procurement and construction, or other engineering and construction agreements; (iii) applicable operating and maintenance agreements; and (iv) the organizational documents (including but not limited to Seller’s LLC agreement) of Seller (the “Organizational Agreements”) for Seller, provided that Seller shall have the right to redact any commercially sensitive information from the items delivered pursuant to clause (i) through (iii). Seller shall not make any changes to the Organizational Agreements that could reasonably be expected to affect Seller’s status as a Special Purpose Entity without Avista’s prior consent, which consent shall not be unreasonably withheld, provided that such consent shall not be required for modification or amendment of Seller’s Organizational Agreements in connection with any tax equity financing.

Facility Contracts. In addition to any other agreements that Seller is required to provide Avista under this Agreement, at the request of Avista, Seller shall promptly provide to Avista copies of the following major contracts and agreements which govern Seller and the design and construction of the Facility, as contemplated by this Agreement: (i) contracts for the manufacture, delivery and installation of the generation equipment and step- up transformation equipment; (ii) engineering, procurement and construction, or other engineering and construction agreements; (iii) applicable operating and maintenance agreements; and (iv) the organizational documents (including but not limited to Seller’s LLC agreement) of Seller (the “Organizational Agreements”) for Seller, provided that Seller shall have the right to redact any commercially sensitive information from the items delivered pursuant to clause clause (i) through (iii). Seller shall not make any changes to the Organizational Agreements that could reasonably be expected to affect Seller’s status as a Special Purpose Entity without Avista’s prior consent, which consent shall not be unreasonably withheld, provided that such consent shall not be required for modification or amendment of Seller’s Organizational Agreements in connection with any tax equity financing.