Laserfiche WebLink
POWER PURCHASE AGREEMENT ("PPA") <br /> equipment that utilizes the System's outputs. Purchaser shall properly maintain in full <br /> working order all of Purchaser's electric supply or generation equipment that Purchaser <br /> may shut down while utilizing the System. Purchaser shall promptly notify Seller of any <br /> matters of which it is aware pertaining to any damage to or loss of use of the System or <br /> that could reasonably be expected to adversely affect the System. <br /> d. No Alteration of Facility. Purchaser shall not make any alterations or repairs to the <br /> Facility which could adversely affect the operation and maintenance of the System <br /> without Seller's prior written consent,which consent shall not be unreasonably withheld <br /> or delayed. Provided, however, that during initial construction and installation of the <br /> System at the Facility, Seller shall provide Purchaser with the opportunity to construct <br /> and install conduits for the installation of security cameras on the Facility; at any point <br /> during the Term of this Agreement, Purchaser shall also be allowed to install security <br /> cameras upon the Facility. Purchaser shall be responsible for all costs associated with the <br /> construction and installation of such conduits and security cameras; such construction <br /> and installation shall not interfere with the operation and maintenance of the System. If <br /> Purchaser wishes to make such alterations or repairs, Purchaser shall give prior written <br /> notice to Seller, setting forth the work to be undertaken (except for emergency repairs, <br /> for which notice may be given by telephone), and give Seller the opportunity to advise <br /> Purchaser in making such alterations or repairs in a manner that avoids damage to the <br /> System, but, notwithstanding any such advice, Purchaser shall be responsible for all <br /> damage to the System caused by Purchaser or its contractors. To the extent that <br /> temporary disconnection or removal of the System is necessary to perform such <br /> alterations or repairs, such work and any replacement of the System after completion of <br /> Purchaser's alterations and repairs, shall be done by Seller or its contractors at <br /> Purchaser's cost. In addition, in the event Purchaser makes such alterations or repairs, <br /> Purchaser shall pay Seller an amount equal to the sum of (i) payments that Purchaser <br /> would have made to Seller hereunder for electric energy that would have been produced <br /> by the System during such disconnection or removal; (ii) revenues that Seller would have <br /> received with respect to the System under the any rebate program and any other <br /> assistance program with respect to electric energy that would have been produced during <br /> such disconnection or removal; (iii) revenues from Environmental Attributes that Seller <br /> would have received with respect to electric energy that would have been produced by <br /> the System during such disconnection or removal; and (iv) Tax Credits that Seller (or, if <br /> Seller is a pass-through entity for tax purposes,Seller's owners)would have received with <br /> respect to electric energy that would have been produced by the System during such <br /> disconnection or removal. Determination of the amount of energy that would have been <br /> produced during any disconnection or removal shall be in accordance with the procedures <br /> in Section 10(b). All of Purchaser's alterations and repairs will be done in a good and <br /> workmanlike manner and in compliance with all applicable laws, codes and permits. <br /> e. Outages. Purchaser shall be permitted to be offline for a total of forty-eight(48)daylights <br /> hours (each, a "Scheduled Outage") per calendar year during the Term, during which <br /> hours Purchaser shall not be obligated to accept or pay for electricity from the System; <br /> Page 15 of 49 <br />