Common use of Facility Modifications Clause in Contracts

Facility Modifications. (a) Seller represents and warrants that there are no electric generating units or material users of Energy at or connected to the Facility other than the Wind Turbines and the Storage Facility. (b) Seller, without Buyer’s express prior written consent (which consent shall be in Buyer’s sole and absolute discretion), shall not make, or cause or permit to be made, any modification of or change to the Facility (including the Facility Site) or operations thereof (including a change in regulatory status or a change of the Balancing Authority applicable to the Facility) after the [Effective]128 [Commercial Operation] 129 Date that is inconsistent with the requirements of this Agreement or does not conform with the Facility description set forth in Schedule B, including the reliability requirements set forth in Attachment B-1 to Schedule B attached hereto, or reasonably would be expected to affect (i) the level of Nameplate Capacity or Storage Nameplate Capacity, Contract Capacity, Storage Capacity, Contract Energy, or Storage Energy, (ii) the tagging, scheduling, offering, bidding, metering or settlement of Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, Contract Energy, Storage Energy, or Other Electric Products, (iii) the representations and warranties of Seller set forth in this Agreement (including Section 4.2(e), Section 6.2(a) and Section 7.3(b)),

Facility Modifications. (a) Seller represents and warrants that there are no electric generating units or material users of Energy at or connected to the Facility other than the Wind Turbines and the Storage Facility. (b) Seller, without Buyer’s express prior written consent (which consent shall be in Buyer’s sole and absolute discretion), shall not make, or cause or permit to be made, any modification of or change to the Facility (including the Facility Site) or operations thereof (including a change in regulatory status or a change of the Balancing Authority applicable to the Facility) after the [Effective]128 Effective] 127 [Commercial Operation] 129 Operation]128 Date that is inconsistent with the requirements of this Agreement or does not conform with the Facility description set forth in Schedule B, including the reliability requirements set forth in Attachment B-1 to Schedule B attached hereto, or reasonably would be expected to affect (i) the level of Nameplate Capacity or Storage Nameplate Capacity, Contract Capacity, Storage Capacity, Contract Energy, or Storage Energy, (ii) the tagging, scheduling, offering, bidding, metering or settlement of Contract Capacity, Storage Capacity, Capacity-Related Benefits, Environmental Attributes, Contract Energy, Storage Energy, or Other Electric Products, (iii) the representations and warranties of Seller set forth in this Agreement (including Section 4.2(e), Section 6.2(a) and Section 7.3(b)),