Common use of Reduction in Capacity Clause in Contracts

Reduction in Capacity. If the Facility’s installed and operating capacity as of April 1 in any tax year is materially reduced (due to causes beyond LTS’s control) from the previous tax year due to: (i) damage caused by natural forces, (ii) operational restrictions caused by a change in law, regulation, ordinance, or industry management standards, (iii) decommissioning and removal of inverters, or (iv) the permanent cessation of the Facility’s operations, then the PILOT payment will be adjusted downward by mutual agreement of the parties based in part on the total actual installed and operating Nameplate Capacity after the reduction in capacity, or in the case of clause (iv) above, this Agreement will terminate.

Reduction in Capacity. If the Facility’s installed and operating capacity as of April 1 in any tax year is materially reduced (due to causes beyond LTSSystem Owner’s control) from the previous tax year due to: (i) damage caused by natural forces, (ii) operational restrictions caused by a change in law, regulation, ordinance, or industry management standards, (iii) decommissioning and removal of inverters, or (iv) the permanent cessation of the Facility’s operations, then the PILOT payment will be adjusted downward by mutual agreement of the parties based in part on the total actual installed and operating Nameplate Capacity after the reduction in capacity, or in the case of clause (iv) above, this Agreement will terminate.