Common use of Provision of Utilities Clause in Contracts

Provision of Utilities. Lessor will contract with all applicable Utility providers for the delivery and purchase of sufficient Utilities (and with respect to water, within acceptable industry standards) to the ▇▇▇▇ Center Plant in sufficient quantities in order that BREP may perform its obligations under the Phase I Ancillary Agreements. The costs of all such Utilities shall be borne by Lessor, subject to the Off-taker Purchased Utility Reimbursement as described in Exhibit “K” to the CEA; provided, however, that if Lessor elects to terminate the Phase I Ancillary Agreements due to a Non-Appropriation Event and fails to pay the full Termination Fee due as a result thereof, and if BREP elects to keep this Lease in full force and effect pursuant to Section 3.3.f, then BREP shall be responsible for the costs of all such Utilities and shall reimburse Lessor therefor within thirty (30) days of BREP’s receipt of any invoices relating thereto.

Provision of Utilities. Lessor will contract with all applicable Utility providers for the delivery and purchase of sufficient Utilities (and with respect to water, within acceptable industry standards) to the ▇▇▇▇ Shaw Center Plant in sufficient quantities in order that BREP may perform its obligations under the Phase I Ancillary Agreements. The costs of all such Utilities shall be borne by Lessor, subject to the Off-taker Purchased Utility Reimbursement as described in Exhibit “K” to the CEA; provided, however, that if Lessor elects to terminate the Phase I Ancillary Agreements due to a Non-Appropriation Event and fails to pay the full Termination Fee due as a result thereof, and if BREP elects to keep this Lease in full force and effect pursuant to Section 3.3.f, then BREP shall be responsible for the costs of all such Utilities and shall reimburse Lessor therefor within thirty (30) days of BREP’s receipt of any invoices relating thereto.