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 pursuant to Section 3.4(b)(xiv)(A) or 3.3(b) provides that the Actual Facility Size exceeds the “Proposed Facility Size” as provided in Exhibit A, Buyer’s Percentage Entitlement will not be recalculated or otherwise affected but the Contract Maximum Amount, Operating Period Security and Default Credit Support requirements under Section 9.2 will be automatically and permanently increased by an amount to reflect Buyer’s Percentage Entitlement of the numerical difference between the Actual Facility Size and such “Proposed Facility Size,” which increased Contract Maximum Amount, Operating Period Security and Default Credit Support requirements shall be stated in a notice from Seller to Buyer, which notice shall be binding absent manifest error. The Total Actual Facility Size shall not in any event exceed .
Appears in 10 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
