Special Facilities. Seller and Buyer shall have entered into an agreement, on terms and conditions reasonably satisfactory to Seller and no less favorable to Seller than under the Agreement for Installation of Special Facilities for Parallel Operation Between Bangor Hydro-Electric Company and Babcock-Ultrapower West Enfield (the "Special Facil▇▇▇▇▇ Agreement") in effect as of the date of this Agreement, providing for the continued use of the Special Facilities (as defined in the Special Facilities Agreement) by Seller (or any successor owner or user of the Facility). To the extent that the approval of the MPUC or other governmental agency is required as a condition to the effectiveness of such agreement, at Seller's request, Buyer will use its best efforts to obtain the requisite approval; such approval, however is not a condition to Seller's obligation to consummate the Closing on the Closing Date. In the absence of such approved agreement, Buyer will make the Special Facilities available to Seller (and any such successor) pursuant to the applicable industrial tariff in effect from time to time.
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Special Facilities. Seller and Buyer shall have entered into an agreement, on terms and conditions reasonably satisfactory to Seller and no less favorable to Seller than under the Agreement for Installation of Special Facilities for Parallel Operation Between Bangor Hydro-Electric Company and Babcock-Ultrapower West Enfield Jonesboro (the "Special FacilFaciliti▇▇ ▇▇▇▇▇ Agreementement") in effect as of the date of this Agreement, providing for the continued use of the Special Facilities (as defined in the Special Facilities Agreement) by Seller (or any successor owner or user of the Facility). To the extent that the approval of the MPUC or other governmental agency is required as a condition to the effectiveness of such agreement, at Seller's request, Buyer will use its best efforts to obtain the requisite approval; such approval, however is not a condition to Seller's obligation to consummate the Closing on the Closing Date. In the absence of such approved agreement, Buyer will make the Special Facilities available to Seller (and any such successor) pursuant to the applicable industrial tariff in effect from time to time.
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