Common use of Remarketing and Redeployment Assistance Clause in Contracts

Remarketing and Redeployment Assistance. The Parties acknowledge and agree that in certain circumstances, Buyer (or certain of Buyer’s Affiliates), may be obligated to attempt to remarket and redeploy certain Facilities in connection with the termination of one or more PPAs containing such requirements with respect to such Facilities. In such event, Seller agrees to use its best efforts to assist Buyer in its efforts to resell or redeploy each such Facility, including, but not limited to, taking the following actions for Buyer’s benefit upon request: (a) on a nondiscriminatory basis with respect to other similar equipment of Seller, distributing to its sales organization information on the availability, location and price of such Facility, and agreeing to provide to a prospective purchaser of such unit or the output thereof, as applicable, at no cost to such purchaser a certificate of maintainability with respect to such unit, (b) cause such Facility to be reinstalled at the applicable purchaser’s site at Seller’s then prevailing installation rates, including procuring and installing any necessary BOF equipment related thereto, (c) cause such Facility to be refurbished or reconfigured as necessary or appropriate to facilitate such resale or redeployment, and (d) enter into an operations and maintenance agreement for all necessary operations and maintenance services necessary to operate such Facility following resale or redeployment at Seller’s then prevailing maintenance rates for similar equipment and including a scope of work, performance guaranties, and indemnification provisions similar in all material respects to the Customer PPA pursuant to which the applicable Facility was originally installed. All of Seller’s reasonable costs and expenses (including a reasonable allocation of personnel hours) incurred in connection with the actions described in this Section 4.10 shall be reimbursed by Buyer; and Seller will reasonably cooperate with Buyer to provide Buyer with any documentation that is required pursuant to the applicable Customer PPAs to support such costs and expenses.

Remarketing and Redeployment Assistance. The Parties acknowledge and agree that in certain circumstances, Buyer Owner (or certain of BuyerOwner’s Affiliates), ) may be obligated to attempt to remarket and redeploy certain Facilities in connection with the termination of one or more PPAs containing such requirements Customer Agreements with respect to such FacilitiesFacilities pursuant to the applicable Customer Agreement or an agreement between Owner (or the applicable Owner Affiliate or other predecessor-in-interest) and the applicable Customer Agreement Customer(s) (“Redeployment Agreement”). In such event, Seller Provider agrees to use its best efforts to assist Buyer Owner in its efforts to resell or redeploy each such Facility, includingusing at least that degree of effort as is required of Owner (or the applicable Owner Affiliate or other predecessor-in-interest) pursuant to the applicable Redeployment Agreement; without in any way limiting the foregoing, but not limited toProvider assistance shall include, without limitation, taking the following actions for BuyerOwner’s benefit upon request: (a) on a nondiscriminatory basis with respect to other similar equipment of SellerProvider, distributing to its sales organization information on the availability, location and price of such Facility, and agreeing to provide to a prospective purchaser of such unit or the output thereof, as applicable, at no cost to such purchaser a certificate of maintainability with respect to such unit, (b) cause causing such Facility to be reinstalled at the applicable purchaser’s site at SellerProvider’s then prevailing installation rates, including procuring and installing any necessary BOF equipment related thereto, (c) cause causing such Facility to be refurbished or reconfigured as necessary or appropriate to facilitate such resale or redeployment, and (d) enter entering into an operations and maintenance agreement for all necessary operations and maintenance services necessary to operate such Facility following resale or redeployment at SellerProvider’s then prevailing maintenance rates for similar equipment and including a scope of work, performance guaranties, and indemnification provisions similar in all material respects to the Customer PPA Agreement pursuant to which the applicable Facility was originally installedinstalled (collectively, the “Remarketing Activities”). All of SellerProvider’s reasonable costs and expenses (including a reasonable allocation of personnel hours) incurred in connection with the actions described in this Section 4.10 2.04 shall be reimbursed by Buyer; Owner, and Seller Provider will reasonably cooperate with Buyer Owner to provide Buyer Owner with any documentation that is required pursuant to the applicable Customer PPAs Agreement or Redeployment Agreement to support such costs and expenses.