As an incident to -7- 12 Tenant's occupancy and subject to availability, capacity and sufficient prior notice, Landlord will endeavor to provide Tenant with electric power sufficient to enable Tenant to commence initial operations in Tenant's Plant on the Premises or restart Tenant's Plant in the event of a power shutdown.
If, however, Tenant is in default under (i) the existing agreement, as amended, for the sale of electricity to said public utility of electric power generated by Tenant's Plant and (ii) the Steam and Electricity Agreement and/or Utility Service Agreement and Landlord has obtained the full amount of its remedy due to such default, Tenant may sublease the Premises to said electric public utility for the balance of the original term of this Lease.
Tenant shall at all times during the Term, excepting periods of reconstruction due to casualty or condemnation (provided Tenant diligently and continuously prosecutes the same), continuously operate Tenant's Plant and the Retrofit Equipment in accordance with the terms of the Agreements.
Tenant shall have the right to use the Premises for the following purposes, and only for those purposes: construction of Tenant's Plant, and the business of -5- 10 operating and maintaining Tenant's Plant for the generation and production of steam and electricity for sale to Landlord and third parties.
In any event, Landlord shall have no liability for pre-existing conditions after the substantial completion of the site preparation, borings, footings and foundations for Tenant's Plant, except to the extent specific written notice to such effect is provided to Landlord prior to completion of such -14- 19 site preparation.