Access to Site. Seller shall be responsible for ascertainment of the suitability of the Sites, the environment around the Sites, the Sites’ soil condition and other ground conditions for construction of the Facilities. As between Seller and Buyer, Seller shall be solely responsible for all Site Preparation Services at Seller’s cost. Buyer shall provide Seller with access to the Sites in a manner consistent with the applicable PPAs and Site Licenses to permit Seller to deliver and install each Bloom System and the BOF to the applicable Sites and to connect the applicable Facility to the distribution and transmission facilities of the Transmitting Utility, as applicable. If a PPA Customer requires a change in the location of a Site from that specified in a Purchase Order or applicable Site License, whether temporary or permanent, (a) Buyer shall submit a written notice to Seller setting forth the details of such location change, (b) Seller shall administer and perform the Site Preparation Services as required for that changed location to the extent required and in accordance with the relevant PPA and Site License, and (c) to the extent that such PPA Customer pays to Buyer an amount under the applicable PPA or Site License in connection with such required change in the installation location of a Site, Buyer shall pay the same to Seller promptly upon receipt from such PPA Customer, except that Buyer shall retain the portion of such amount equaling any applicable amount to compensate Buyer for lost output, environmental attributes, and environmental incentives during the period the Facility is consequently not producing electricity.
Appears in 3 contracts
Samples: First Amended (Bloom Energy Corp), First Amended (Bloom Energy Corp), First Amended (Bloom Energy Corp)
Access to Site. Seller shall be responsible for ascertainment of the suitability of the Sites, the environment around the Sites, the Sites’ soil condition and other ground conditions for construction of the Facilities. As between Seller and Buyer, Seller shall be solely responsible for all Site Preparation Services at Seller’s cost. Seller, as administrator for Buyer pursuant to the Administrative Services Agreement, shall provide Seller with access to the Sites in a manner consistent with the applicable PPAs and Site Licenses to permit Seller to deliver and install each Bloom System and the BOF to the applicable Sites and to connect the applicable Facility to the distribution and transmission facilities of the Transmitting Utility, as applicable. If a PPA Customer requires a change in the location of a Site from that specified in a Purchase Order or applicable Site License, whether temporary or permanentOrder, (a) Buyer shall submit a written notice to Seller setting forth the details of such location change, (b) the Seller shall administer and perform the Site Preparation Services as required for that changed location to the extent required and in accordance with the relevant PPA and Site License, and (c) to the extent that such PPA Customer pays to Buyer an amount under the applicable PPA or Site License in connection with such required change in the installation location of a Site, Buyer shall pay the same to Seller promptly upon receipt from such PPA Customer, except that Buyer shall retain the portion of such amount equaling any applicable amount Relocation Revenue Loss (as defined in the applicable PPA). If a PPA Customer requires changes in the installation of a Bloom System such that the PPA Customer owes the Buyer change fees pursuant to compensate the applicable PPA, Buyer for lost output, environmental attributes, and environmental incentives during shall pay the period the Facility is consequently not producing electricitysame to Seller promptly upon receipt from such PPA Customer.
Appears in 3 contracts
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Access to Site. Seller shall be responsible for ascertainment of the suitability of the Sites, the environment around the Sites, the Sites’ soil condition and other ground conditions for construction of the Facilities. As between Seller and Buyer, Seller shall be solely responsible for all Site Preparation Services at Seller’s cost. Seller, as administrator for Buyer pursuant to the Administrative Services Agreement, shall provide Seller with access to the Sites in a manner consistent with the applicable PPAs and Site Licenses to permit Seller to deliver and install each Bloom System and the BOF to the applicable Sites and to connect the applicable Facility to the distribution and transmission facilities of the Transmitting Utility, as applicable. If a PPA Customer requires a change in the location of a Site from that specified in a Purchase Order or applicable Site License, whether temporary or permanentOrder, (a) Buyer shall submit a written notice to Seller setting forth the details of such location change, (b) the Seller shall administer and perform the Site Preparation Services as required for that changed location to the extent required and in accordance with the relevant PPA and Site License, and (c) to the extent that such PPA Customer pays to Buyer an amount under the applicable PPA or Site License in connection with such required change in the installation or installation location of a Site, Buyer shall pay the same to Seller promptly upon receipt from such PPA Customer, except that Buyer shall retain the portion of such amount equaling any applicable amount to compensate Buyer for lost output, environmental attributes, and environmental incentives during Relocation Revenue Loss (as defined in the period the Facility is consequently not producing electricityapplicable PPA).
Appears in 3 contracts
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Access to Site. Seller shall be responsible for ascertainment of the suitability of the Sites, the environment around the Sites, the Sites’ soil condition and other ground conditions for construction of the Facilities. As between Seller and Buyer, Seller shall be solely responsible for all Site Preparation Services at Seller’s cost. Buyer shall provide Seller with access to the Sites in a manner consistent with the applicable PPAs and Site Licenses to permit Seller to deliver and install each Bloom System and the BOF to the applicable Sites and to connect the applicable Facility to the distribution and transmission facilities of the Transmitting Utility, as applicable. If a PPA Customer requires a change in the location of a Site from that specified in a Purchase Order or applicable Site License, whether temporary or permanent, (a) Buyer shall submit a written notice to Seller setting forth the details of such location change, (b) Seller shall administer and perform the Site Preparation Services as required for that changed location to the extent required and in accordance with the relevant PPA and Site License, and (c) to the extent that such PPA Customer pays to Buyer an amount under the applicable PPA or Site License in connection with such required change in the installation location of a Site, Buyer shall pay the same to Seller promptly upon receipt from such PPA Customer, except that Buyer shall retain the portion of such amount equaling any applicable amount to compensate Buyer for lost output, environmental attributes, and environmental incentives during the period the Facility is consequently not producing electricity.. Section 3.2
Appears in 1 contract
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
