COD Sample Clauses

COD. Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date, unless extended in accordance with Section 3.9(c)(ii).
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COD. Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date; provided, however, that the Commercial Operation Date shall not occur more than one hundred eighty (180) days prior to the Guaranteed Commercial Operation Date. If the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages equal to Daily Delay Damages for each day or portion of a day that the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date for up to a total of one hundred eighty (180) days (“Project Cure Period”); provided, however, that Seller may, at its option, extend the Project Cure Period by up to an additional one hundred eighty (180) days by notifying Buyer of its election to do so no later than one hundred fifty (150) days after the Guaranteed Commercial Operation Date and increasing the Construction Period Security by an amount equal to the product of (A) the Construction Period Security specified in Section 8.4(a)(ii) times (B) the quotient of the number of days by which Seller wishes to extend the Project Cure Period divided by one hundred eighty (180). In addition, Seller shall submit a Remedial Action Plan within ten
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COD. (a) Is it possible to insert a provisional date for the COD in the contract? This may enable the Operator to begin the commercialization of the site and optimize the launch of the Site on the market. (b) Is it possible that any delay compared to this provisional COD may allow the Operator to get indemnified for reasonable consequences linked to this delay (such as cost for termination/postponement/ rescheduling of the event of clients whom signed a contract) being understood the Operator shall do its best effort to mitigate these consequences? (a) No. Since the Operator will be part of the project, and will be aware of the progress of construction, it should be able to make a reasonable assessment of commercialization. The OSA remains unchanged (b) The OSA remains unchanged.
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COD. The Facility must satisfy the requirements for Commercial Operation (set forth in Section 3.3) by the Commercial Operation Deadline (“COD”). The “Commercial Operation Deadline” with respect to the Facility shall be no later than September 30, 2013, as extended on a day‐for‐day basis for: (a) each day up to a maximum of sixty (60) days that the CPUC does not approve a resolution regarding the Agreement after May 31, 2012; and (b) each day up to a maximum of one hundred and eighty (180) days (the “Maximum Force Majeure Delay”) that Seller is actually delayed by Force Majeure in achieving Commercial Operation by the Commercial Operation Deadline. Any delays to Commercial Operation after the Maximum Force Majeure Delay period caused by Force Majeure shall result in daily delay damages and/or Event of Default in accordance with Section 12.0 if such delays prevent Seller from achieving Commercial Operation after the Commercial Operation Deadline, as extended.”
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COD. The Borrower shall (and shall cause each Borrower Party to) use commercially reasonable efforts to achieve COD for each Project on or before the Date Certain for such Project.
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COD. Seller shall complete installation and testing of at least 50MW installed capacity of the Project as certified by Seller to Buyer and begin continuous deliveries of such 50MW installed capacity on or before December 31, 2012. If Seller fails to do so, Seller shall pay Buyer liquidated damages equal to the Milestone Delay Damage for each day or portion of a day that Seller fails to provide continuous deliveries of such 50MW installed capacity until Seller does achieve such deliveries or begins paying Daily Delay Damages below. In addition, Seller shall cause the entire Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date; provided, however, that the Commercial Operation Date shall not occur more than one hundred eighty (180) days prior to the Guaranteed Commercial Operation Date. If the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages equal to Daily Delay Damages for each day or portion of a day that the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date for up to a total of one hundred and eighty (180) days (“Project Cure Period”). In addition, Seller shall submit a Remedial Action Plan within ten (10) days after the Guaranteed Commercial Operation Date if the Project has not then achieved the Commercial Operation Date. Each Party agrees and acknowledges that (a) the actual damages that Buyer would incur due to a delay in achieving the Commercial Operation Date on or before the Guaranteed Commercial Operation Date would be difficult or impossible to predict with certainty, (b) the Daily Delay Damages set forth in this section are a reasonable and appropriate approximation of such damages, and (c) the Daily Delay Damages set forth in this section are the exclusive remedy for Seller’s delay in achieving the Commercial Operation Date for the length of the Project Cure Period but shall not otherwise act to limit any of Buyer’s rights or remedies arising from any other Event of Default by Seller, including, without limitation, the failure by Seller to achieve the Commercial Operation Date altogether.
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COD. The Borrower shall achieve COD on or before the Date Certain.
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COD. The Company shall have filed the COD with the Secretary of State of the State of Delaware and the COD shall have been declared effective.
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COD. The Company will deliver evidence to the Investors that the COD has been filed with the Secretary of State of the State of Delaware and the COD has become effective.
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Related to COD

  • Bypass Any of the steps in this procedure may be bypassed with mutual written consent of the parties involved at the time the bypass is sought.

  • PROJECT FINANCIAL RESOURCES i) Local In-kind Contributions $0 ii) Local Public Revenues $0 iii) Local Private Revenues iv) Other Public Revenues: $0 - ODOT/FHWA $0 - OEPA $0 - OWDA $850,000 - CDBG $0 - Other $0 SUBTOTAL $850,000 v) OPWC Funds: - Grant $400,000 - Loan $400,000 SUBTOTAL $800,000 TOTAL FINANCIAL RESOURCES $1,650,000 b) PROJECT ESTIMATED COSTS:

  • Electric If Customer has selected an Electricity Fixed Rate on the Application, Customer’s Price will be based on the Fixed Rate(s) which includes Local and State taxes, Gross Receipts Tax (GRT), PJM Adjustment (defined below) charges and adjustments and Utility applied charges and/or fees related to generation, plus the Administration Charge, which includes, Electricity Balancing Amount and third party utility and billing charges. Customer understands and agrees that included in the Administration Charge is the cost of the Energy Balancing Amount (defined below). Customer understands that in order for RITERATE ENERGY to be able to supply Energy to its existing and prospective customers, RITERATE ENERGY enters into supply arrangements to meet the forecasted consumption of its various groups of customers. These forecasts are based on historical data, load shapes and/or estimates. To the extent that actual pooled consumption of RITERATE ENERGY’s Energy customers varies from supply arrangements and/or Customer’s Utility delivery requirements, RITERATE ENERGY incurs a cost in balancing and settling its supply arrangements with such pooled consumption. To ensure a fixed all-inclusive Rate, RITERATE ENERGY has included in the Administration charge, the Energy Balancing Amount, to balance and settle the variance between pooled consumption and supply arrangements (the “Energy Balancing Amount”). In respect of Electricity, Customer understands that there are certain estimated pass through costs, made up of charges to RITERATE ENERGY by the PJM Interconnection (“PJM”) and/or Customer’s Utility, including but not limited to ancillary service charges, the cost of unaccounted for electricity, capacity charges and any replacement or recharacterization of these charges. In this regard, the “PJM Adjustment”, is included in the Fixed Price Rate. Customer acknowledges and agrees that by entering into this Agreement, Customer will not be eligible to receive any net metering credits and other incentives to which Customer would otherwise be entitled. Further, included in the Rate are the amounts charged or billed to RITERATE ENERGY or Customer by Customer’s Utility, the PUC or any other regulatory or government entity, including any taxes, delivery, regulated transmission, regulated distribution, pipeline, compressor fuel, uplift, congestion, locational marginal pricing, invoice market participant, service, billing, or similar or related changes and any, deposits, interest or late payment fees or other amounts in connection with the supply and delivery of Energy to the Premises (collectively, “Regulatory Charges”). Customer agrees to pay the monthly Administration charge for Energy supply (the “Administration” charge).

  • De-commissioning due to Emergency 17.6.1 If, in the reasonable opinion of the Concessionaire, there exists an Emergency which warrants de-commissioning and closure of the whole or any part of the Bus Terminal, the Concessionaire shall be entitled to de- commission and close the whole or any part of the Bus Terminal to Users and passengers for so long as such Emergency and the consequences thereof warrant; provided that such de-commissioning and particulars thereof shall be notified by the Concessionaire to the Authority without any delay, and the Concessionaire shall diligently carry out and abide by any reasonable directions that the Authority may give for dealing with such Emergency.

  • Bilingual Differential When formally assigned in the employee’s position description, an employee assigned to interpret to or from another language to English will receive a differential of five percent (5%) of base pay.

  • Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

  • COSTS DISTRIBUTED THROUGH COUNTYWIDE COST ALLOCATIONS The indirect overhead and support service costs listed in Schedule A (attached) are formally approved as actual costs for the 2012-13 fiscal year and as estimated costs for the 2014-15 fiscal year on a "fixed with carry-forward" basis. These costs may be included as part of the costs of the county departments indicated effective July 1, 2014, for further allocation to federal grants and contracts performed by the respective county departments.

  • Shift Rotation Routine shift rotation is not an approach to staffing endorsed by the Employer. Except for emergency situations where it may be necessary to provide safe patient care, shift rotation will not be utilized without mutual consent. If such an occasion should ever occur, volunteers will be sought first. If no one volunteers, the Employer will rotate shifts on an inverse seniority basis until the staff vacancies are filled.

  • Electrical Service Electrical service for new construction or a renovated existing building shall be 480/277-volt, 3-phase, 4-wire or approved equal. Service shall be sized for HVAC and other mechanical system(s) loads, lighting, general building services, and dedicated computer based office equipment loads. 5 xxxxx per square foot shall be provided for lighting and general service receptacles. Size of neutral conductor of 3- phase circuits shall be twice that of phase conductor to accommodate potential harmonic currents associated with computer system electronic power supplies and fluorescent lighting fixtures electronic ballasts. An adequately sized 3 phase “wye” wound step down transformer shall be provided to supply 208/120-volt, 3 phase power, for lighting, general service receptacles and dedicated computer based office equipment. Dedicated, isolated ground circuits shall be supplied from separate isolated ground power distribution panel(s). Lighting circuits shall be supplied from separate lighting panel(s). Panels shall have 20% spare capacity and be complete with 10% spare breakers of each size, but no less than 1 spare. No more than 4 duplex receptacles shall be connected to any single 20-amp dedicated isolated ground circuit or general service circuit.

  • Gas If Customer has selected a Gas Fixed Rate, Customer’s Price will be based on the Fixed Rate(s), plus the Administration Charge, set forth in the Application, which includes RITERATE ENERGY’s compressor fuel and transportation charges, administrative and transaction costs and the Gas Balancing Amount and any Regulatory Charges (defined below).

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