Common use of Multiple Facilities Clause in Contracts

Multiple Facilities. This Agreement applies to the delivery of Gas to and the receipt of Contracted Power Products from each of the Facilities. In applying this Agreement with respect to any particular Facility, "Company" shall be understood to mean the applicable Facility Owner with respect to such Facility, unless the context indicates otherwise (e.g. that all Facility Owners are intended to be included). While this Agreement refers to all the Facilities, the terms of this Agreement shall apply individually to each Facility as well as the Facilities as a whole where so specified or where the context so requires. In the event the Company sells or otherwise transfers a Facility (it being understood that a sale in violation of agreements between the Company and the holders of the Secured Obligations or a foreclosure on one or more of the Facilities by the holders of the Secured Obligations does not constitute a sale by the Company for purposes of this Section 2.6), (i) this Agreement shall not apply to such Facility or Facility Owner from and after the effective date of such sale and shall be amended to delete the Facility Schedule related to such Facility and to reduce the Fixed Payment by an amount that equitably reflects the fact that such Facility is no longer subject to this Agreement and that CES will no longer be purchasing Power Products from such Facility, and (ii) CGC, the applicable Facility Owner and CES will be released from all future liabilities, and will no longer have any obligations, hereunder with respect to such Facility from and after the date of such sale or transfer. In the event of a foreclosure on one or more of the Facilities by the holders of the Secured Obligations, this Agreement may be divided into two or more separate agreements, each relating to a specific Facility or Facilities, on the identical terms and conditions as this Agreement and for the then remaining term hereof, but applied to such Facility or Facilities only, and with the Contract Price modified to reflect only those elements applicable to such Facility or Facilities.

Multiple Facilities. This Agreement applies to the delivery of Gas to and the receipt of Contracted Power Products from each of the Facilities. In applying this Agreement with respect to any particular Facility, "Company" shall be understood to mean the applicable Facility Owner with respect to such Facility, unless the context indicates otherwise (e.g. that all Facility Owners are intended to be included). While this Agreement refers to all the Facilities, the terms of this Agreement shall apply individually to each Facility as well as the Facilities as a whole where so specified or where the context so requires. In the event the Company sells or otherwise transfers a Facility (it being understood that a sale in violation of agreements between the Company and the holders of the Secured Obligations or a foreclosure on one or more of the Facilities by the holders of the Secured Obligations does not constitute a sale by the Company for purposes of this Section 2.62.4), (i) this Agreement shall not apply to such Facility or Facility Owner from and after the effective date of such sale and shall be amended to delete the Facility Schedule related to such Facility and to reduce the Fixed Payment by an amount that equitably reflects is proportional to the fact proportion that the Applicable Capacity of such Facility is no longer constitutes of the total Applicable Capacities of the Facilities subject to this Agreement and that CES will no longer be purchasing Power Products from such FacilityAgreement, and (ii) CGC, the applicable Facility Owner and CES will be released from all future liabilities, and will no longer have any obligations, hereunder with respect to such Facility from and after the date of such sale or transfer. In the event of a foreclosure on one or more of the Facilities by the holders of the Secured Obligations, this Agreement may be divided into two or more separate agreements, each relating to a specific Facility or FacilitiesFacility, on the identical terms and conditions as this Agreement and for the then remaining term hereof, but applied to such Facility or Facilities only, and with the Contract Price modified to reflect only those elements applicable to such Facility or FacilitiesFacility.