Storage Cells Sample Clauses

Storage Cells. Prior to the Xxxxxx Farm Closing, LGE shall, in accordance with the terms of this Agreement, have excavated and lined a gravel pit circumscribed by a Slurry Wall, generally in the configuration for such Storage Cell depicted on Exhibit B attached hereto. The Storage Cell shall consist of that portion of the Xxxxxx Farm Parcel circumscribed by the centerline of the Slurry Wall and/or the crest of the final reclamation slope as formed by the earth berm or clay liner constructed for such Storage Cell (as shown on the updated Survey as provided for under Paragraph 6.2). At the Xxxxxx Farm Closing, Seller shall deliver to Purchaser use of such Storage Cell. The Parties hereby agree that the configuration of the Storage Cell described in Exhibit B may not constitute final design and that LGE may change the configuration of the Storage Cell to meet the requirements of: (A) the Permits, (B) field conditions encountered during the course of mining, construction and reclamation of the final Slurry Wall and Storage Cell construction, and/or (C) other requirements set by the Office of the State Engineer, including but not limited to the final design and alignment of each Slurry Wall, pit crest, pit slope design, pit depth, pit floor and rough grading, prior to the Xxxxxx Farm Closing, unless such changes in configuration will materially diminish or increase the Storage Capacity of the Storage Cell, in which case such modifications will be subject to TOF’s prior approval in TOF’s commercially reasonable discretion. For purposes of the preceding sentence a “material” increase or decrease in the Storage Capacity of the Storage Cell will be an increase or decrease in such Storage Capacity of more than 150 acre feet.
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Related to Storage Cells

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