Common use of Generating Facility Modifications Clause in Contracts

Generating Facility Modifications. Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: Electric energy output by five percent of Expected Term Year Energy Production; or The type of Primary Fuel consumed by the Generating Facility. Material modifications to the Generating Facility will result in the Generating Facility becoming a New Qualifying Facility; provided, however, that a Generating Facility that is modified or repowered will not be considered a New Qualifying Facility and modifications or repowering is permitted under this Agreement without further consideration, other than Notices required under Section 3.07(b), if: Capacity added as a result of such modification or repower (including the addition of a steam turbine) over the Term is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW, subject to the 20MW Power Rating limitation, as set forth in Section 1.02. Or, Such modification or repower is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-licensed professional engineer verifies that such modification or repower is not oversized relative to other equipment on the market. Seller shall bear the cost of such professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with such modification or repower. Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification or repowering of the Generating Facility in accordance with this Section 3.07.