Laserfiche WebLink
POWER PURCHASE AGREEMENT ("PPA") <br /> provided, however, that Purchaser must notify Seller in writing of each such Scheduled <br /> Outage at least forty-eight (48) hours in advance of the commencement of a Scheduled <br /> Outage. In the event that Scheduled Outages exceed a total of forty-eight (48) daylight <br /> hours per calendar year or there are unscheduled outages, in each case for a reason other <br /> than a Force Majeure event, Purchaser shall pay Seller an amount equal to the sum of(i) <br /> payments that Purchaser would have made to Seller hereunder for electric energy that <br /> would have been produced by the System during the outage; (ii) revenues that Seller <br /> would have received with respect to the System under the any rebate program and any <br /> other assistance program with respect to electric energy that would have been produced <br /> during the outage; (iii) revenues from Environmental Attributes that Seller would have <br /> received with respect to electric energy that would have been produced by the System <br /> during the outage; and (iv)Tax Credits that Seller(or, if Seller is a pass-through entity for <br /> tax purposes, Seller's owners) would have received with respect to electric energy that <br /> would have been produced by the System during the outage. Determination of the <br /> amount of energy that would have been produced during the removal or disconnection <br /> shall be in accordance with the procedures in Section 10(b). <br /> f. Liens. Purchaser shall not directly or indirectly cause or create any mortgage, pledge, <br /> lien, charge, security interest, encumbrance or other claim of any nature on or with <br /> respect to the System or any interest therein. Purchaser shall immediately notify Seller <br /> in writing of the existence of any such mortgage, pledge, lien, charge, security interest, <br /> encumbrance or other claim, shall promptly cause the same to be discharged and <br /> released of record without cost to Seller, and shall indemnify Seller against all costs and <br /> expenses(including reasonable attorneys'fees) incurred in discharging and releasing any <br /> such mortgage, pledge, lien, charge, security interest, encumbrance or other claim. <br /> Notwithstanding anything else herein to the contrary, pursuant to Section 19(a), Seller <br /> may grant a lien on the System and may assign,mortgage,pledge or otherwise collaterally <br /> assign its interests in this Agreement and the System to any Financing Party. Purchaser is <br /> not responsible for any mortgage, pledge, lien charge,security interest,encumbrance,or <br /> other claim of any nature that may be caused or created by the owner of the Facility or <br /> other third parties. <br /> g. <br /> Security. Purchaser shall be allowed to continue to use the Facility, including but not <br /> limited to as a public and private parking lot. The Purchaser shall be permitted to do <br /> anything on the Facility that would not foreseeably harm the System. <br /> h. Insolation. Purchaser understands that unobstructed access to sunlight ("Insolation") is <br /> essential to Seller's performance of its obligations and a material term of this Agreement. <br /> Purchaser shall not in any way cause and,where possible,shall not in any way permit any <br /> interference with the System's Insolation. If Purchaser becomes aware of any activity or <br /> condition that could diminish the Insolation of the System, Purchaser shall notify Seller <br /> immediately and shall cooperate with Seller in preserving the System's existing Insolation <br /> levels. The Parties agree that reducing Insolation would irreparably injure Seller,that such <br /> Page 16 of 49 <br />