Common use of Bloom Systems Clause in Contracts

Bloom Systems. (i) As to the first 10 MW of Bloom Systems ordered, installed and paid for under this Agreement or consisting of Safe Harbor Systems (in the aggregate, the “Initial 10 MW”), Seller shall use commercially reasonable efforts to maintain sufficient manufacturing capacity (except as to the Safe Harbor Systems) and transportation capacity as will permit Buyer to order (except as to the Safe Harbor Systems) and Seller to fulfill the delivery of Bloom Systems in accordance with this Agreement. It is contemplated by the Parties that the Initial 10 MW shall be manufactured outside of the State of Delaware. Seller confirms that the Safe Harbor Systems were manufactured outside of the State of Delaware. Seller’s delivery of any Ordered System to Buyer pursuant to this Agreement shall be deemed to be Seller’s certification that such Ordered System is in compliance with the QFCP-RC Tariff. Seller shall promptly inform Buyer in writing if it becomes aware of any substantive reason why manufacturing of Bloom Systems (other than the Initial 10 MW) in the State of Delaware in accordance with the Tariffs shall not commence, or if it has commenced, shall cease before Commencement of Operations of the full 30 MW Nameplate Capacity of the Portfolio.