Common use of Increase in Facility Size Clause in Contracts

Increase in Facility Size. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility Size as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.

Appears in 15 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Increase in Facility Size. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility Size Expected Nameplate Capacity as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Increase in Facility Size. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility Size as provided in Exhibit ASize, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the maximum Contract Maximum Amount by the Actual Facility Size.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Increase in Facility Size. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility Size SizeExpected Nameplate Capacity as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.

Appears in 1 contract

Samples: Power Purchase Agreement

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