Common use of Project Modifications Clause in Contracts

Project Modifications. During the Term, Seller may perform a Project Modification, provided that Seller shall Notify Buyer of any proposed Project Modification at least ten (10) Business Days prior to the start of Work for such Project Modification, and provided further that Seller shall not, and shall not permit any other Person to take any other action that would, or may reasonably be expected to alter, the Project description set forth in Appendix III as of the Execution Date without the prior written consent of Buyer, which consent shall be in Buyer’s sole and absolute discretion; provided, however, that prior to the IDD, Seller may change the Site, including the Project physical address and longitude and latitude and the point of interconnection address, upon Notice to Buyer but without Buyer’s consent so long as the Project remains connected to the substation and bank referred to on Appendix III, and such change shall not be considered a Project Modification. Within sixty (60) days of completion of a Project Modification, Seller shall certify that the Project is Commercially Operable by providing Buyer a signed Project Modification Certification, as found at Appendix VII-E. A Project Modification will not alter nor relieve any of Seller’s obligations under this Agreement, including delivery of Distribution Services even when Project Modification Work is being performed.