Facility Upgrades Clause Samples

Facility Upgrades. Seller in its sole discretion may sell or otherwise dispose of any machinery, equipment, or other personal property constituting part of the Facility that Seller determines has become inadequate, obsolete, worn out, unsuitable, or unnecessary, provided that substitute property having equal or greater utility but not necessarily the same function in the operation of the Facility in producing and delivering the Products is installed in the Facility and such removal and substitution would not materially impair the efficiency of operation of the Facility, adversely affect the structural integrity or electrical output of the Facility, or change the nature of the Facility to the extent that it would no longer constitute the type of electricity generating facility operated prior to such replacement.
Facility Upgrades. From and after the Initial Synchronization Date, Resource Provider shall not carry out any upgrades or modifications to the Facility that will, or may reasonably be expected to, impair or limit the Facility’s compliance with the MTRs, alter its Operating Characteristics or expand or limit its ability to provide the Energy Storage Services to PREPA, including the addition of energy discharge capacity expansions or other upgrades not contemplated by the Approved Design, in each case without PREPA’s prior written consent, which PREPA may withhold in its sole discretion. The Parties acknowledge that this Section 4.7 does not restrict Resource Provider’s performance of routine maintenance or technology upgrades required to ensure safe and reliable operation or regular replacement of equipment to maintain the performance of the Facility in accordance with this Agreement and the Approved Design.
Facility Upgrades. TACNA will arrange for and assist in supervising any facility upgrades that may be required or requested by the Client in writing. Client will be charged for the cost of said leasehold improvements and/or upgrades on a cost pass through basis. TACNA will provide Client an estimate of the cost of said improvements and work will not commence until approved by Client in writing, with e-mail being an acceptable approval. Excluding breaches of confidentiality, in no event will either party be liable to the other for any indirect, incidental or consequential damages.
Facility Upgrades. RRK shall reimburse the City for costs of upgrades such as electrical work or any other utility work needed to operate at City House.
Facility Upgrades. From and after the Initial Synchronization Date, Resource Provider shall not carry out any upgrades or modifications to the Facility that will, or may reasonably be expected to, impair or limit the Facility’s compliance with the MTRs, alter its Operating Characteristics or expand or limit its ability to make available Net Electrical Output or Net Power Output at the Interconnection Point, including the addition of energy storage systems, capacity expansions or other upgrades not contemplated by the Approved Design, in each case without PREPA’s prior written consent, which PREPA may withhold in its sole discretion. The Parties acknowledge that this Section 4.7 does not restrict Resource Provider’s performance of routine maintenance or technology upgrades required to ensure safe and reliable operation, or regular replacement of equipment to maintain the performance of the Facility in accordance with this Agreement and the Approved Design.
Facility Upgrades. Manager shall reimburse the City for costs of upgrades such as electrical work or any other utility work needed to operate at Como Regional Park miniature golf course within Managed Area.
Facility Upgrades. Lessor agrees that upgrades to The ▇▇▇▇ and Leased Premises are required before the District’s Academy of Fine and Performing Arts can be housed at The ▇▇▇▇. Upgrades are outlined in the estimate provided by Paragon Architects. (a) Lessor will commit to complete upgrades required to ensure compliance with the American’s with Disabilities Act and Missouri Law outlined in the estimate provided by Paragon Architects. (b) Lessor will commit to the completion of the removal of a wall within the Leased Premises. District will reimburse Lessor for the cost of the removal. (c) Any additional equipment required for internet upgrades will be the responsibility of the District.
Facility Upgrades