Common use of Deficient Projects and Cancelled Projects Clause in Contracts

Deficient Projects and Cancelled Projects. A Seller shall remove any Accepted Projects Purchased by Purchaser from it and included in a Tranche that are Deficient Projects or Cancelled Projects. A Seller shall revise and update the applicable portion of Schedule 1 to remove such Deficient Projects and Cancelled Projects. A Seller shall either (i) provide a credit to Purchaser toward the purchase of additional PV Systems in a subsequent Tranche in the amount of the aggregate of the System Purchase Prices for such Deficient Projects and Cancelled Projects (the “Removed Project Credit”) to be applied in connection with payment of the aggregate of the System Purchase Prices of a Tranche in the Closing Request for that Tranche, which Removed Project Credit shall be calculated in a report, substantially in the form of Schedule 7, describing the Deficient Projects and Cancelled Projects not previously reported (the “Deficient Project and Cancelled Project Report”) or (ii) substitute another PV System that meets all of the conditions in Section 2.3 (a “Substituted Project”) for any Deficient Project or Cancelled Project that was previously Purchased by Purchaser (and not otherwise previously reported in a prior Substitution Report or a Deficient Project and Cancelled Project Report) by delivering a Substitution Report in accordance with Section 2.2(f); provided that any such substitution shall occur no later than the Completion Deadline. For the avoidance of doubt, all right, title and interest in and to any Cancelled Project or Deficient Project removed from the Tranche shall pass back to such Seller. Notwithstanding anything to the contrary contained herein, in connection with any substitution of any Substituted Project for any Cancelled Project or Deficient Project, the applicable Seller and Purchaser shall cooperate in good faith to execute any documents and to take such other actions as may be necessary or advisable to carry out the intent of this Section 2.2.

Deficient Projects and Cancelled Projects. A Seller shall remove any Accepted Projects Purchased by Purchaser from it and are included in a Tranche that are Deficient Projects or Cancelled Projects. A Seller shall revise and update the applicable portion of Schedule 1 to remove such Deficient Projects and Cancelled Projects. A Seller shall either (i) provide a credit to Purchaser toward the purchase of additional PV Systems in a subsequent Tranche in the amount of the aggregate of the System Purchase Prices for such Deficient Projects and Cancelled Projects (the “Removed Project Credit”) to be applied in connection with payment of the aggregate of the System Purchase Prices of a Tranche in the Closing Request for that Tranche, which Removed Project Credit shall be calculated in a report, substantially in the form of Schedule 7, describing the Deficient Projects and Cancelled Projects not previously reported (the “Deficient Project and Cancelled Project Report”) or (ii) substitute another PV System that meets all of the conditions in Section 2.3 (a “Substituted Project”) for any Deficient Project or Cancelled Project that was previously Purchased by Purchaser (and not otherwise previously reported in a prior Substitution Report or a Deficient Project and Cancelled Project Report) by delivering a Substitution Report in accordance with Section 2.2(f); provided that any such substitution shall occur no later than the Completion Deadline. For the avoidance of doubt, all right, title and interest in and to any Cancelled Project or Deficient Project removed from the Tranche shall pass back to such Seller. Notwithstanding anything to the contrary contained herein, in connection with any substitution of any Substituted Project for any Cancelled Project or Deficient Project, the applicable Seller and Purchaser shall cooperate in good faith to execute any documents and to take such other actions as may be necessary or advisable to carry out the intent of this Section 2.2.