Common use of Increase in Capacity Clause in Contracts

Increase in Capacity. Without prejudice to the terms of paragraph 11 (eleven) of the Supplemental Letter Agreement, in the special circumstances surrounding this particular transaction if the output at Westfield is increased by (a) making an Improvement to the Westfield Gasifier or by (b) modifying it (other than by increasing its internal diameter, or (c) by installing an additional BGL Gasifier of like dimensions to the existing Westfield Gasifier) then if the output does not exceed the sustainable output equivalent to that achieved during the test run by the existing Westfield Gasifier no additional licence fee will be charged or payable. Subject to the express provisions of this Agreement no guarantee or liability will be accepted by BGL in respect of such Improvement, modification, or additional BGL Gasifier under this Agreement.