Common use of Operations and Maintenance Services Clause in Contracts

Operations and Maintenance Services. At no additional cost to Buyer, Seller shall (a) operate and maintain the Facility in a safe manner in accordance with its existing applicable interconnection agreements, the Interconnection Agreement as entered into between Buyer and Seller, manufacturer’s guidelines and recommendations, warranty requirements, Good Utility Practice, industry norms (including standards of the National Electrical Code, Institute of Electrical and Electronic Engineers, American National Standards Institute, and the Underwriters Laboratories, and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code, as such laws and code norms may be amended from time to time; (b) obtain any governmental authorizations and permits required for the construction and operation thereof. The Seller shall make any necessary and commercially reasonable repairs with the intent of optimizing the availability of electricity to the Buyer. The Seller shall reimburse the Buyer for any and all losses, damages, claims, penalties, or liability that the Buyer incurs as a result of the Seller’s failure to obtain or maintain any governmental authorizations and permits required for the construction and operation of the Facility throughout the Term. Seller will use qualified personnel to perform such services in accordance with industry best practices.

Operations and Maintenance Services. At no additional cost to Buyer, Seller shall (a) operate and maintain the Facility in a safe manner in accordance with its existing applicable interconnection agreements, the Interconnection Agreement as entered into between Buyer and Seller, manufacturer’s guidelines and recommendations, warranty requirements, Good Utility Practice, industry norms (including standards of the National Electrical Code, Institute of Electrical and Electronic Engineers, American National Standards Institute, and the Underwriters Laboratories, and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code, as such laws and code norms may be amended from time to time; (b) obtain any governmental authorizations and permits required for the construction and operation thereof. The Seller shall make any necessary and commercially reasonable repairs with the intent of optimizing the availability of electricity to the Buyer. The Seller shall reimburse the Buyer for any and all losses, damages, claims, penalties, or liability that the Buyer incurs as a result of the Seller’s failure to obtain or maintain any governmental authorizations and permits required for the construction and operation of the Facility throughout the Term. Seller will use qualified personnel to perform such services in accordance with industry best practices. In accordance with APPENDIX H (Non-Performance Liquidated Damages), Buyer must pre- approve all Planned Outages.

Operations and Maintenance Services. At no additional cost to Buyer, Seller shall (a) operate and maintain the Facility in a safe manner in accordance with its existing applicable interconnection agreements, the Interconnection Agreement as entered into between Buyer and Seller, manufacturer’s guidelines and recommendations, warranty requirements, Good Utility Practice, industry norms (including standards of the National Electrical Code, Institute of Electrical and Electronic Engineers, American National Standards Institute, and the Underwriters Laboratories, and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code, as such laws and code norms may be amended from time to time; (b) obtain any governmental authorizations and permits required for the construction and operation thereof. The Seller shall make any necessary and commercially reasonable repairs with the intent of optimizing the availability of electricity to the Buyer. The Seller shall reimburse the Buyer for any and all losses, damages, claims, penalties, or liability that the Buyer incurs as a result of the Seller’s failure to obtain or maintain any governmental authorizations and permits required for the construction and operation of the Facility throughout the Term. Seller will use qualified personnel to perform such services in accordance with industry best practices. In accordance with APPENDIX H, Buyer must pre-approve all Planned Outages.