Upgrades of the System. The Parties acknowledge that the System, and the manner of providing the Energy Services, may, during the Term, be improved and even superseded by technological innovations and developments, and that it may be mutually beneficial to the Parties if such improvements, innovations and even new advanced system were incorporated into the System or replaced the System. If such innovations and improvements occur during the Term that Seller desires to incorporate into the System, or replace all or portions of the System, that would (i) enhance the quality of the Energy Services being provided to Host without creating any new obligations for Host hereunder and (ii) not expand the size of the System, Seller shall have the option to incorporate such innovations and/or replace the System or portions thereof, provided, however, that Seller shall pay the costs thereof and shall obtain all required permits. Prior to taking any action, Seller shall inform Host of the proposed change, its nature and its advantages, and shall make such change only if Host agrees in writing to such change.
Appears in 2 contracts