Common use of Substitution of Bid Facility Clause in Contracts

Substitution of Bid Facility. At any time on or before September 1, 2007, Seller may request a novation or modification to this Agreement to designate one or more Substitute Bid Facilities in replacement of the Bid Facility designated herein for performance under this Agreement. Such request must be in writing; consent by NYSERDA will not be unreasonably denied. Consent by NYSERDA is conditioned on the ability of NYSERDA and Seller to agree upon modifications to this Agreement necessary to accomplish the substitution. Should NYSERDA consent to a substitution, all amounts provided by Seller as Contract Security must remain in force or be replaced prior to the execution of the novation or other modification. Under no circumstance shall the Bid Quantity be increased. NYSERDA will not permit the substitution of an External Bid Facility for a Bid Facility within the NYCA.

Substitution of Bid Facility. At any time on or before September October 1, 20072008, Seller may request a novation or modification to this Agreement to designate one or more Substitute Bid Facilities in replacement of the Bid Facility designated herein for performance under this Agreement. Such request must be in writing; consent by NYSERDA will not be unreasonably denied. Consent by NYSERDA is conditioned on the ability of NYSERDA and Seller to agree upon modifications to this Agreement necessary to accomplish the substitution. Should NYSERDA consent to a substitution, all amounts provided by Seller as Contract Security must remain in force or be replaced prior to the execution of the novation or other modification. Under no circumstance shall the Bid Quantity be increased. NYSERDA will not permit the substitution of an External Bid Facility for a Bid Facility within the NYCA.