Adjustment for Insolation; Termination Sample Clauses
The "Adjustment for Insolation; Termination" clause defines how changes in solar energy availability (insolation) impact the terms of an agreement, particularly regarding performance obligations or payment structures. In practice, this clause may specify that if actual insolation levels deviate significantly from expected values, certain adjustments—such as modifying delivery schedules, payment amounts, or even allowing for early contract termination—can be made. Its core function is to allocate risk and provide a clear mechanism for addressing unforeseen fluctuations in solar energy, ensuring both parties are protected if insolation levels materially affect the contract's feasibility or economics.
Adjustment for Insolation; Termination. Seller shall remove the System from the vacated Facility prior to the termination of Purchaser’s ownership, lease or other rights to use such Facility. Seller will not be required to restore the Facility to its prior condition but shall promptly pay Purchaser for any damage caused by Seller during removal of the System, but not for normal wear and tear. If the substitute facility has inferior Insolation as compared to the original Facility, Seller shall have the right to make an adjustment to Exhibit 1 such that Purchaser’s payments to Seller are the same as if the System were located at the original Facility, increased to the extent necessary to compensate Seller for reduced revenues from Environmental Attributes and reduced Tax Credits that Seller (or, if Seller is a pass-through entity for tax purposes, Seller’s owners) receive as a result of the relocation. If Purchaser is unable to provide such substitute facility and to relocate the System as provided, any early termination will be treated as a default by Purchaser.
Adjustment for Insolation; Termination. In the event that the Using Agency decides to relocate during the Term, Vendor {Contractor} shall remove the System from the vacated Facility prior to the termination of the Vendor’s {Contractor’s} ownership, lease or other rights to use such Facility. Vendor {Contractor} will be required to restore the Facility to its prior condition in accordance with Section 11 of this PPA. If the substitute facility has inferior Insolation as compared to the original Facility, Vendor {Contractor} shall have the right to make an adjustment to Exhibit 1 such that the Using Agency’s payments to Vendor {Contractor} are the same as if the System were located at the original Facility, increased to the extent necessary to compensate Vendor {Contractor}for reduced revenues from Environmental Attributes and reduced Tax Credits that Vendor {Contractor} (or, if Vendor {Contractor} is a pass-through entity for tax purposes, Vendor’s {Contractor’s} owners) receive as a result of the relocation. If the Using Agency is unable to provide such substitute facility and to relocate the System as provided, any early termination will be treated as a default by the Using Agency.
Adjustment for Insolation; Termination. Seller shall remove the System from the vacated Facility at Purchaser’s sole cost, within 45 days following the full execution of the Relocation Amendment by the Parties and Purchaser’s written direction to Seller to remove the System from the Facility. Seller shall restore the Facility to the condition required pursuant to Section 11 below at Purchaser sole cost and expense. If the substitute facility has inferior Insolation as compared to the original Facility, Seller shall have the right to include an adjustment to Exhibit 1 in the Relocation Amendment, to be agreed to prior to commencing with the System relocation, such that Purchaser’s payments to Seller are the same as if the System were located at the original Facility. If Purchaser is unable to provide such substitute facility and to relocate the System as provided, the Agreement will deemed to be terminated by Purchaser pursuant to Section 3(c)(ii) and Purchaser shall promptly pay the applicable Termination Payment specified on Exhibit 4.
Adjustment for Insolation; Termination. Seller shall remove the System from the vacated Facility prior to the termination of Purchaser’s ownership, lease or other rights to use such Facility. Seller will not be required to restore the Facility to its prior condition but shall promptly pay Purchaser for any damage caused by Seller during removal of the System, but not for normal wear and tear. If the substitute facility has inferior Insolation as compared to the original Facility, Seller shall have the right to make an adjustment to Exhibit 1 such that Purchaser’s payments to Seller are the same as if the System were located at the original Facility. If Purchaser is unable to provide such substitute facility and to relocate the System as provided, any early termination will be treated as a default by Purchaser.
Adjustment for Insolation; Termination. Service Provider shall remove the relevant System from the vacated Facility prior to the termination of Client’s ownership, lease or other rights to use such Facility. Service Provider will not be required to restore such Facility to its prior condition but shall promptly pay Client for any damage caused by Service Provider during removal of the relevant System, but not for normal wear and tear. If the substitute facility has inferior Insolation as compared to the original Facility, Service Provider shall have the right to make an adjustment to Exhibit 1 such that Client’s payments to Service Provider are the same as if the relevant System were located at the original Facility. If Client is unable to provide such substitute facility and to relocate the relevant System as provided, any early termination will be treated as a default by Client.