Common use of Facility Upgrades Clause in Contracts

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.