Common use of Unit Modifications Clause in Contracts

Unit Modifications. Absent the written consent of Buyer, which may be withheld or delayed at Buyer’s sole discretion until such time as the terms of this Section 3.1(e) are satisfied, Seller shall not, and shall not permit any other Person to: (i) undertake any construction at or modification of the Unit(s) or the Facility; or (ii) modify the Capacity or the Heat Rate of the Units that are committed to Buyer (as compared to its Design Capacity and Guaranteed Heat Rate); or (iii) take any other action that would, or may reasonably be expected to, impair or limit the ability of a Unit to supply Products to the Buyer, the ability of the Buyer to make Gas available at the Gas Delivery Point, or the ability of Seller to deliver any and all Products that the Unit is capable of producing, as set forth in Appendix II, as measured at the Electrical Delivery Point, including the Maximum Contract Capacity. Nothing in this Section 3.1(e) shall be deemed to limit or impair the ability of the Seller to perform or cause to be performed routine maintenance in the ordinary course of business, including those that may result in restoring Design Capacity or Heat Rate lost through degradation, subject to the provisions of Section 3.8.