Common use of Facility Improvements Clause in Contracts

Facility Improvements. Subject to the prior written consent of Project Company and the Agent (in accordance with the Lenders' Direct Agreement), if Project Company shall be requested by GPA to (a) increase the generation capacity of the Facility or (b) add equipment, then Project Company shall (once all relevant details have been agreed by Project Company and GPA) implement and prosecute such request at GPA's expense. Notwithstanding the first sentence of this Article 10.8, the Project Company shall not prosecute and implement such request until: GPA and the Project Company shall have agreed on the feasibility, schedule and cost of such implementation and additional construction (if any), with capital costs and operational costs being recoverable through Supplemental Charges or by direct cost-plus reimbursement at the discretion of the Project Company; the financing for such implementation and construction (if any) has been obtained; and appropriate adjustments to the Price (if any), including the Capacity Charge and the Energy Charge, have been agreed, and taking into account any lost revenue due to necessary Facility outages and all other costs or Losses to be incurred by Project Company consequent upon implementation of such changes.