Alternative Waste Discharge Sample Clauses

Alternative Waste Discharge. In the event that, as of any Quarterly Date, either of the Facilities discharges wastewater in such a quantity or of such a quality that the Town of Xxxxxx is not able to accept it for any reason and as a result thereof the Rova I Facility and/or the Rova II Facility curtails operations resulting in a Forced Outage under the Rova I Power Purchase Agreement or the Rova II Power Purchase Agreement, the Borrower shall, within 45 days of such Quarterly Date, submit to the Agent a plan, reasonably satisfactory to the Majority Lenders (after consultation with the Independent Engineer) (“Alternative Wastewater Discharge Plan”) (1) describing all capital expenditures and other costs to provide additional wastewater discharge capacity or to provide for additional wastewater storage capacity and (2) (A) describing any required modifications to the Water Services Agreement and to any applicable Governmental Requirements for the discharge of wastewater from the Facilities and/or (B) describing any additional contracts (including all Governmental Requirements), with a contract term expiring no earlier than the Tranche B Institutional Maturity Date, required for the discharge of wastewater from the Facilities. In the event that as of any Quarterly Date, the Facilities exceeded (or curtailed operations to avoid exceedance of) the daily discharge limit under the Water Services Agreement on any 5 occasions within the preceding 6 months the Borrower shall promptly and diligently implement the provisions of the Alternative Water Supply Plan to modify any agreements and obtain additional water supply or storage capacity. 159
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