Guaranteed Commercial Operation Date definition

Guaranteed Commercial Operation Date has the meaning set forth in Section 3.9(c)(i).

Guaranteed Commercial Operation Date means the date that is 120 days after the Scheduled Commercial Operation Date.

Guaranteed Commercial Operation Date means the Expected Commercial Operation Date, as such date may be extended by the Development Cure Period.

Examples of Guaranteed Commercial Operation Date in a sentence

• Seller shall achieve Commercial Operation by the Guaranteed Commercial Operation Date.

• The Parties acknowledge and agree that it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Xxxxx as a result of Seller’s failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date or to achieve (A) a Contract Capacity equal to at least ninety- 17 NTD: Amount to be provided by Xxxxx.

• If the Commercial Operation Date does not occur on or before the beginning of hour ending 0100 BA Time on the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages, for each day after the Guaranteed Commercial Operation Date until the Commercial Operation Date, in an amount equal to [ ] Dollars ($[ ])66 (“Daily COD Delay Damages”); provided, however, that Seller’s aggregate liability for Daily COD Delay Damages shall be limited to the COD Delay Damages Cap.

• If the Commercial Operation Date does not occur on or before the beginning of hour ending 0100 BA Time on the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages, for each day after the Guaranteed Commercial Operation Date until the Commercial Operation Date, in an amount equal to [●] Dollars ($[●]) 16 (“Daily COD Delay Damages”); provided, however, that Seller’s aggregate liability for Daily COD Delay Damages shall be limited to the COD Delay Damages Cap.

More Definitions of Guaranteed Commercial Operation Date

Guaranteed Commercial Operation Date. The “Guaranteed Commercial Operation Date” or “Guaranteed COD” means the Expected Commercial Operation Date, subject to extensions on a day-for-day basis due to Force Majeure or delays caused by transmission provider (e.g., the CAISO) or transmission owner (e.g., PG&E) that are outside of the reasonable control of Seller. Such day-for-day extensions, including for Force Majeure, shall be no longer than one-hundred twenty (120) days on a cumulative basis. For clarity, these permitted extensions extend both the Guaranteed Construction Start Date and the Guaranteed COD simultaneously. If Seller does not achieve COD of the Facility by the Guaranteed COD, Seller shall pay Delay Damages to the Buyer for each day of delay until Seller achieves COD. “Delay Damages” are equal to the Development Security divided by 60. Delay Damages shall be paid for each day of delay and shall be paid to Buyer in advance on a monthly basis. A prorated amount will be returned to Seller if COD is achieved during the month for which Delay Damages were paid in advance. Failure to achieve COD within 60 days of the Guaranteed COD shall constitute an Event of Default, and Buyer shall have the right, in its sole discretion, to terminate the PPA and retain the Development Security. Commercial Operation Date (“COD”): The COD shall be the date when all of the following requirements have been met to Buyer’s reasonable satisfaction including Seller providing a certificate from an independent engineer to Buyer certifying to the following: The Facility is fully operational, reliable and interconnected, fully integrated and synchronized with the Transmission System. Seller has installed equipment for the Facility with a nameplate capacity of no less than ninety-five percent (95%) of the Guaranteed Capacity. Seller has commissioned all equipment in accordance with its respective manufacturer’s specifications. The Facility’s testing included a performance test demonstrating peak electrical output of no less than ninety-five percent (95%) of the Guaranteed Capacity for the Facility at the Delivery Point, as adjusted for ambient conditions on the date of the Facility testing, and such peak electrical output, as adjusted, was [peak output in MW]. Authorization to parallel the Facility was obtained by the Participating Transmission Owner, [Name of Participating Transmission Owner as appropriate] on [Date]. The Transmission Provider has provided documentation supporting full unrestricted release for Comm...

Guaranteed Commercial Operation Date means [ ], as may be extended for (a) Force Majeure Extension according to Section 3.6(a), and (b) the Accounting Treatment Work- Out Period Extension according to Section 3.6(b); provided, however, that the Guaranteed Commercial Operation Date shall only be extended by one Day for each Day when both of the extensions described in clauses (a) and (b) above apply.

Guaranteed Commercial Operation Date or “Guaranteed COD” means the following date [_______], subject to extensions on a day-for-day basis due to Force Majeure or delays caused by transmission provider (e.g., the CAISO) or transmission owner (e.g., PG&E) that are outside of the reasonable control of Seller. Such day-for-day extensions, including for Force Majeure, shall be no longer than one-hundred twenty (120) days on a cumulative basis. For clarity, these permitted extensions extend both the Guaranteed Construction Start Date and the Guaranteed COD simultaneously. If the Seller does not achieve COD of the Facility by the Guaranteed COD, Seller shall pay Delay Damages to the Buyer for each day of delay until Seller achieves COD. “Delay Damages” are equal to the Development Security divided by 60. Delay Damages shall be paid for each day of delay and shall be paid to Buyer in advance monthly. A prorated amount will be returned to Seller if COD is achieved during the month for which Delay Damages were paid in advance. Failure to achieve COD within 60 days of the Guaranteed COD shall constitute an Event of Default, and Buyer shall have the right, in its sole discretion, to terminate the ESSA and retain the Development Security.

Guaranteed Commercial Operation Date shall have the meaning set forth in Section 3.1(a)(vi) hereof.

Guaranteed Commercial Operation Date means the date that is ninety (90) days after the Scheduled Commercial Operation Date.

Guaranteed Commercial Operation Date has the meaning set forth in Section 2.10(c). [

Guaranteed Commercial Operation Date means [Bidder to insert]. “Guaranteed Heat Rate” has the meaning assigned to such term in Exhibit R. “Guaranteed Ramp Rate” has the meaning set forth in Exhibit R. “Guaranteed Start-Up Time” has the meaning set forth in Exhibit R.