CEQA Determinations. Any CEQA requirements for creation of a Facility shall be the responsibility of Seller. The Parties acknowledge and agree that Buyer reserves all of its rights and powers under CEQA that may be applicable, including the power to:(i) review the Facility and its environmental impacts; (ii) prepare and/or review environmental documents and studies;(iii)adopt feasible mitigation measures and/or alternatives in order to avoid or lessen any significant environmental impacts resulting from the project(s); (iv) determine that any significant impacts that cannot be mitigated are acceptable due to overriding considerations; and (v) decide to terminate this Agreement due to any significant adverse environmental effects resulting from the Facility. The parties therefore acknowledge and agree that Buyer has no obligation to purchase Energy under this Agreement until all of the following have occurred: (i) any applicable CEQA review has been completed; (ii) Buyer has decided, based on that review, to approve the purchase of Energy from the Facility; and(iii)the applicable period for any legal challenges under CEQA relating to the Facility has expired without any such challenge having been filed or, in the event of any such challenge, the challenge has been determined adversely to the challenger by final judgment or settlement. If Buyer, based upon its independent review of the Facility under CEQA, decides not to approve the purchase of Energy from the Facility and to terminate this Agreement, due to significant adverse environmental effects from the Facility, Buyer will give Seller notice thereof and this Agreement will terminate upon the giving of such notice.
CEQA Determinations. (i) Seller shall comply with this section prior to the commencement of the Term. Any CEQA requirements shall be the responsibility of Seller. Seller shall have received a CEQA negative declaration related to the Project issued by Orange County within 180 days of the Effective Date. The Parties acknowledge and agree that Buyer reserves all of its rights and powers under CEQA prior to the issuance of the negative declaration including the right to submit comments during the public comment period set forth in the CEQA process. The Parties therefore acknowledge and agree that Buyer has no obligation to purchase the Product under this Agreement until all of the following have occurred: (a) any applicable CEQA review has been completed; (b) Buyer has decided, based on that review, to approve the purchase of Product from the Facility; and
CEQA Determinations. (i) Seller shall comply with this section prior to the commencement of the Term. Any CEQA requirements shall be the responsibility of Seller. Seller shall have received a CEQA negative declaration related to the Project issued by Orange County within 180 days of the Effective Date. The Parties acknowledge and agree that Buyer reserves all of its rights and powers under CEQA prior to the issuance of the negative declaration including the right to submit comments during the public comment period set forth in the CEQA process. The Parties therefore acknowledge and agree that Buyer has no obligation to purchase the Product under this Agreement until all of the following have occurred: (a) any applicable CEQA review has been completed; (b) Buyer has decided, based on that review, to approve the purchase of Product from the Facility; and (c) the applicable period for any legal challenges under CEQA relating to the Generating Facility has expired without any such challenge having been filed or, in the event of any such challenge, the challenge has been determined adversely to the challenger by final judgment or settlement. Buyer may terminate this Agreement if Buyer determines, based on the CEQA review for the Generating Facility conducted by the applicable Government Authority or by Buyer, that the Generating Facility causes significant adverse environmental effects that are not adequately mitigated or for which there are no overriding considerations favoring approval of the Generating Facility. If the CEQA process for the Generating Facility has not occurred by the Commercial Operation Deadline, then this Agreement may be terminated by either Party by delivery of Notice to the other Party stating that this Agreement is terminated for failure to satisfy the condition set forth in this Section. The termination rights of this Section 2.02(d) are separate and additional to those set forth in ARTICLE Six. Notwithstanding anything to the contrary in this Section 2.02(d), this deadline set forth above shall not be extended past the date set forth in Section 1.04(b).
CEQA Determinations. Seller, at its expense, has taken and will take all steps necessary to obtain the CEQA Determinations, and shall provide evidence thereof reasonably satisfactory to each Buyer. Each Buyer shall retain all rights, powers and responsibilities of a responsible agency under CEQA to participate in the CEQA review of the Facility. Until the date that is thirty (30) days following the posting of a Notice of Determination by the lead agency in connection with its adoption of the applicable CEQA analysis for the Facility, each Buyer shall have the right to decide not to approve the purchase of Facility Energy and to withdraw (without penalty to such Buyer) from, or terminate, this Agreement, due to the failure of the lead agency to address comments received in a timely manner from any Buyer, acting in its role as a responsible agency, that significant adverse environmental impacts from the Facility have not been mitigated to the extent feasible or that appropriate findings have not been made to support a statement of overriding considerations with respect to such impacts.
CEQA Determinations. Buyer has all rights and powers available to it as a responsible agency under CEQA to participate in the CEQA review of the Facility, including commenting on the lead agency’s notice of preparation, consulting with and providing comments to the lead agency during preparation of the CEQA Documents. Buyer shall have full discretion to consider the CEQA Documents in order to reach its own decision under CEQA about the Facility, with full authority under CEQA to: (a) adopt and require feasible mitigation measures or alternatives to avoid or lessen significant environmental impacts resulting from the Facility; (b) determine that any significant impacts that cannot be mitigated are acceptable due to overriding concerns; or (c) terminate this Agreement due to the Facility’s significant adverse environmental impacts. On or before the thirtieth (30th) day after the lead agency’s filing of a notice of determination under CEQA, or the thirtieth (30th) day after the Effective Date, whichever is later, Buyer may issue one of the following: (i) a notice confirming it has complied with CEQA Guidelines sections 15096(a), (f), (g), and (h) by considering the CEQA Documents, adopting applicable alternatives or mitigation measures, making findings, and filing a Notice of Determination for its approval of the purchase of Facility Energy (the “CEQA Acceptability Notice”), or (ii) a notice that Buyer, based upon its independent review of the CEQA Documents, has determined not to approve the purchase of the Facility Energy hereunder, and to terminate this Agreement, the Option Agreement and the Storage Option Agreement due to the significant adverse environmental effects from the Facility specified in the CEQA Documents (the “CEQA Unacceptability Notice”). If Buyer fails to provide Seller with a notice by the end of such thirty
CEQA Determinations. Construction and Ownership of the Facility......
CEQA Determinations. 28 Section 3.2 Project Design .................................................................................... 29 Section 3.3 Site Confirmation ............................................................................... 29 Section 3.4 Subcontracts ....................................................................................... 29 Section 3.5 Certification of Commercial Operation Date ..................................... 29 Section 3.6
CEQA Determinations. 23 Section 3.2
CEQA Determinations. Buyer shall (a) have all rights, powers and responsibilities of a responsible agency under CEQA to participate in the CEQA review of the Facility, and (b) on or before the fortieth (40th) day after the lead agency’s filing of a notice of determination under CEQA, issue one of the following: (i) a notice confirming that Buyer has complied with CEQA guidelines sections 15096(a), (f), (g) and (h) by considering the CEQA Documents, adopting applicable alternatives or mitigation measures, making findings, and filing a notice of determination for its approval of the purchase of Facility Energy, or (ii) a notice that Buyer, based upon its independent review of the CEQA Documents, has decided not to approve the purchase of Facility Energy and to terminate this Agreement, due to significant adverse environmental effects from the Facility.
CEQA Determinations. Any and all CEQA requirements for or related to the development of the Plant shall be the responsibility of Seller; provided, that, Buyer reserves any and all of its rights and powers under CEQA that may be applicable, appropriate, and within Buyer’s jurisdiction, including the power in its sole discretion to:
