It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: The parties entered into an "Energy Services Agreement" (Agreement) pursuant to which plaintiff would finance and construct a combined heat and power facility (CHPF) on defendant's property in exchange for defendant's promise to purchase all of its thermal energy requirements from plaintiff unless, "when operating at full capacity, the CHPF [did] not produce sufficient...
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