Common use of By Xxxxx Clause in Contracts

By Xxxxx. (a) (i) the Facility conforms to Schedule B; (ii) the Facility has achieved “Substantial Completion” (or equivalent term(s) meaning completion in all material respects, except punch list items that do not adversely affect the ability of the Facility to operate as intended) under its engineering, procurement and construction contract (or, if the Facility does not have a single engineering, procurement and construction contract, under each of the subcontracts that together aggregate the scope of an engineering, procurement and construction contract) at a Nameplate Capacity equal to at least the COD Capacity Threshold and a Storage Nameplate Capacity equal to at least the Storage COD Capacity Threshold and, since such achievement, no event or circumstance has occurred and is continuing that causes any of the criteria for such achievement to cease to be satisfied; (iii) without limiting the foregoing, Inverter Block Units aggregating a Nameplate Capacity equal to at least the COD Capacity Threshold are installed on the Facility Site as part of the Facility, have achieved Commissioning and, since Commissioning thereof, no event or circumstance has occurred and is continuing that causes any of the criteria for Commissioning thereof to cease to be satisfied; and (iv) any other studies and testing of the Facility required pursuant to the Electric Interconnection Agreement, other Project Documents (including agreements with Lenders) or applicable Laws (including Governmental Approvals) for the commencement of commercial operation have been successfully performed and completed;

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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By Xxxxx. (a) (i) the Facility conforms to Schedule B; (ii) the Facility has achieved “Substantial Completion” or “Provisional Acceptance” (or equivalent term(s) meaning completion in all material respects, except punch list items that do not adversely affect the ability of the Facility to operate as intended) under its engineering, procurement and construction contract (or, if the Facility does not have a single engineering, procurement and construction contract, under each of the subcontracts that together aggregate the scope of an engineering, procurement and construction contract) at a Nameplate Capacity equal to at least the COD Capacity Threshold and a Storage Nameplate Capacity equal to at least the Storage COD Capacity Threshold and, since such achievement, no event or circumstance has occurred and is continuing that causes any of the criteria for such achievement to cease to be satisfied; (iii) without limiting the foregoing, Inverter Block Units aggregating a Nameplate Capacity equal to at least the COD Capacity Threshold are installed on the Facility Site as part of the Facility, have achieved Commissioning and, since Commissioning thereof, no event or circumstance has occurred and is continuing that causes any of the criteria for Commissioning thereof to cease to be satisfied; and (iv) any other studies and testing of the Facility required pursuant to the Electric Interconnection Agreement, other Project Documents (including agreements with Lenders) or applicable Laws (including Governmental Approvals) for the commencement of commercial operation have been successfully performed and completed;

Appears in 1 contract

Samples: Power Purchase Agreement

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By Xxxxx. (a) (i) the Facility conforms to Schedule B; (ii) the Facility has achieved “Substantial Completion” (or equivalent term(s) meaning completion in all material respects, except punch list items that do not adversely affect the ability of the Facility to operate as intended) under its engineering, procurement and construction contract (or, if the Facility does not have a single engineering, procurement and construction contract, under each of the subcontracts that together aggregate the scope of an engineering, procurement and construction contract) at a Nameplate Capacity equal to at least the COD Capacity Threshold and a Storage Nameplate Capacity equal to at least the Storage COD Capacity Threshold and, since such achievement, no event or circumstance has occurred and is continuing that causes any of the criteria for such achievement to cease to be satisfied; (iii) without limiting the foregoing, Inverter Block Units wind turbines (including its associated individual step-up transformer, even if pad-mounted) aggregating a Nameplate Capacity equal to at least the COD Capacity Threshold are installed on the Facility Site as part of the Facility, have achieved Commissioning and, since Commissioning thereof, no event or circumstance has occurred and is continuing that causes any of the criteria for Commissioning thereof to cease to be satisfied; and (iv) any other studies and testing of the Facility required pursuant to the Electric Interconnection Agreement, other Project Documents (including agreements with Lenders) or applicable Laws (including Governmental Approvals) for the commencement of commercial operation have been successfully performed and completed;

Appears in 1 contract

Samples: Power Purchase Agreement

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