Common use of Facility Modifications Clause in Contracts

Facility Modifications. (a) Seller represents and warrants that there are no electric generating units or material users of Energy at or connected to the Facility other than the Photovoltaic Modules and the Storage Facility. (b) Seller, without Buyer’s prior written consent, in Buyer’s sole and absolute discretion, shall not make any modification to the Facility or operations thereof after the Commercial Operation Date that is inconsistent with the requirements of this Agreement or does not conform with the Facility description set forth in Schedule B, or reasonably would be expected to affect (i) the Nameplate Capacity or Storage Nameplate Capacity, Contract Capacity, Storage Capacity, Contract Energy, or Storage Energy, (ii) the tagging, scheduling, offering, bidding, metering or settlement of any Product, (iii) the representations and warranties of Seller set forth in this Agreement, (iv) eligibility for any Applicable Environmental Attribute Program, (v) negatively the type or quantity of Capacity-Related Benefits, Other Electric Products, or Environmental Attributes or (vi) in any other manner, Buyer’s rights or obligations hereunder. Notwithstanding the foregoing, Buyer’s consent shall not be required for (A) maintenance, repair or replacement of facilities or equipment in accordance with Accepted Industry Practices; (B) installation of new Inverter Block Units, installation of new DC collection systems and Photovoltaic Modules within existing Inverter Block Units, or modification of existing Inverter Block Units to compensate for degradation of the existing Inverter Block Units or to achieve the Annual Expected Energy Quantity; provided, however, that any such installation or modification shall not increase the Nameplate Capacity; or (C) installation of new batteries, or modification of existing batteries to compensate for degradation of the existing batteries; provided, however, that any such installation or modification shall not increase the Storage Nameplate Capacity.

Facility Modifications. (a) Seller represents and warrants that there are no electric generating units or material users of Energy at or connected to the Facility other than the Photovoltaic Modules Wind Turbines and the Storage Facility. (b) Seller, without Buyer’s prior written consent, in Buyer’s sole and absolute discretion, shall not make any modification to the Facility or operations thereof after the Commercial Operation Date that is inconsistent with the requirements of this Agreement or does not conform with the Facility description set forth in Schedule B, or reasonably would be expected to affect (i) the Nameplate Capacity or Storage Nameplate Capacity, Contract Capacity, Storage Capacity, Contract Energy, or Storage Energy, (ii) the tagging, scheduling, offering, bidding, metering or settlement of any Product, (iii) the representations and warranties of Seller set forth in this AgreementAgreement , (iv) eligibility for any Applicable Environmental Attribute Program, (v) negatively the type or quantity of Capacity-Related Benefits, Other Electric Products, or Environmental Attributes Attributes, or (vi) in any other manner, Buyer’s rights or obligations hereunder. Notwithstanding the foregoing, Buyer’s consent shall not be required for (A) maintenance, repair or replacement of facilities or equipment in accordance with Accepted Industry Practices; (B) installation of new Inverter Block Units, installation of new DC collection systems and Photovoltaic Modules within existing Inverter Block Units, Wind Turbines or modification of existing Inverter Block Units Wind Turbines to compensate for degradation of the existing Inverter Block Units Wind Turbines, wake effect, or to achieve the Annual Expected Energy Quantity; provided, however, that any such installation or modification shall not increase the Nameplate Capacity; or (C) installation of new batteries, or modification of existing batteries to compensate for degradation of the existing batteries; provided, however, that any such installation or modification shall not increase the Storage Nameplate Capacity.