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.
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