Common use of Commercial Operation Date Clause in Contracts

Commercial Operation Date. 4.5.1 The Seller shall give the Buyer no less than sixty (60) Days' prior written notice of its intention to issue the Notice of Commencement of Facility Unit in the form of Schedule 2 Part 1 and 2 (Facility Unit Completion Forms). 4.5.2 The Seller may not issue the notice of Commencement of Facility Unit Forms: 4.5.2.1 earlier than the day before the Scheduled COD; 4.5.2.2 until the Seller has demonstrated to the Independent Engineer that the Facility Unit is compliant with the Codes; 4.5.2.3 until the Seller has obtained written confirmation from the Independent Engineer that the Facility Unit complies with the Codes; 4.5.2.4 until NERSA, or any person nominated by NERSA for such purpose, has issued to the Seller a notification of the Facility Unit’s compliance with the Codes; and 4.5.2.5 until the Distributor has provided written confirmation, which confirmation will not be unreasonably withheld, to the Seller certifying that the Facility Unit may be connected to the System for the purposes of delivering Commercial Energy. 4.5.3 Following compliance with clause 4.5.1 and clause 4.5.2 and upon the Independent Engineer ascertaining the Facility Completion and receipt of the relevant Facility Completion Form pursuant to clause 4.3 (Facility Completion and Commissioning), the Seller shall issue the Notice of Commencement of Facility to the Buyer within two (2) Business Days of the delivery of the relevant Facility Completion Form, which notice shall be in the form of Schedule 1 Part 5 (Form of Notice of Commencement of Facility). 4.5.4 If the Facility Unit has achieved Facility Unit Completion in terms of clause

Commercial Operation Date. 4.5.1 ‌ 4.4.1 The Seller shall give the Buyer no less than sixty (60) Days' prior written notice of its intention to issue the Notice of Commencement of Facility Unit in the form of Schedule 2 Part 1 and 2 (Facility Unit Completion Forms). 4.5.2 4.4.2 The Seller may not issue the notice of Commencement of Facility Unit Forms: 4.5.2.1 earlier than the day before the Scheduled COD; 4.5.2.2 4.4.2.1 until the Seller has demonstrated to the Independent Engineer that the Facility Unit is compliant with the Codes; 4.5.2.3 4.4.2.2 until the Seller has obtained written confirmation from the Independent Engineer that the Facility Unit complies with the Codes; 4.5.2.4 4.4.2.3 until NERSA, or any person nominated by NERSA for such purpose, has issued to the Seller a notification been notified of the Facility Unit’s compliance with intended connection to the Codes; andDistributor’s grid. 4.5.2.5 4.4.2.4 until the Distributor has provided written confirmation, which confirmation will not be unreasonably withheld, to the Seller certifying that the Facility Unit may be connected to the System for the purposes of delivering Commercial Energy. 4.5.3 4.4.3 Following compliance with clause 4.5.1 4.4.1 and clause 4.5.2 4.4.2 and upon the Independent Engineer ascertaining the Facility Completion and receipt of the relevant Facility Completion Form pursuant to clause 4.3 (Facility Completion and Commissioning), the Seller shall issue the Notice of Commencement of Facility to the Buyer within two (2) Business Days of the delivery of the relevant Facility Completion Form, which notice shall be in the form of Schedule 1 Part 5 (Form of Notice of Commencement of Facility). 4.5.4 4.4.4 If the Facility Unit has achieved Facility Unit Completion in terms of clauseclause 4.3 (Facility Unit Completion and Commissioning) and the Achieved Capacity is equal to or greater than the Contracted Capacity, then: 4.4.4.1 for the purposes of this Agreement, the power output of the Facility Unit shall be limited to the Contracted Capacity, and only Energy Output that is generated from the Contracted Capacity shall be subject to this Agreement; 4.4.4.2 the Seller shall deliver to the Buyer a Notice of Commencement of Facility Unit, following which the Commercial Operation Date will be the first day starting at 00:00 hours following the day upon which the Buyer receives from the Seller such Notice of Commencement of Facility Unit; and 4.4.4.3 the Seller shall not be entitled to increase the Contracted Capacity after the Commercial Operation Date at any time in the future. The Seller shall always have the right to install additional equipment to compensate for degrading machine output over time, provided that the Contracted Capacity is not exceeded.

Commercial Operation Date. 4.5.1 The Seller shall give the Buyer no less than sixty (60) Days' prior written notice of its intention to issue the Notice of Commencement of Facility Unit in the form of Schedule 2 Part 1 and 2 (Facility Unit Completion Forms)Facility. 4.5.2 The Seller may not issue the notice Notice of Commencement of Facility Unit FormsFacility: 4.5.2.1 earlier than the day before the Scheduled COD; 4.5.2.2 until the Seller has demonstrated to the Independent Engineer that the Facility Unit is compliant with the Codes; 4.5.2.3 until the Seller has obtained written confirmation from the Independent Engineer that the Facility Unit complies with the Codes; 4.5.2.4 until NERSA, or any person nominated by NERSA for such purpose, has issued to the Seller a notification of the Facility UnitFacility’s compliance with the Codes; and 4.5.2.5 until NTC and or the Distributor has provided written confirmation, which confirmation will not be unreasonably withheld, to the Seller certifying that the Facility Unit may be connected to the System for the purposes of delivering Commercial Energy. 4.5.3 Following compliance with clause 4.5.1 and clause 4.5.2 and upon the Independent Engineer ascertaining the Facility Completion and receipt of the relevant Facility Completion Form pursuant to clause 4.3 (Facility Completion and Commissioning), the Seller shall issue the Notice of Commencement of Facility to the Buyer within two (2) Business Days of the delivery of the relevant Facility Completion Form, which notice shall be in the form of Schedule 1 2 Part 5 (Form of Notice of Commencement of Facility). 4.5.4 If the Facility Unit has achieved Facility Unit Completion in terms of clauseclause 4.3 (Facility Completion and Commissioning) and the Achieved Capacity is equal to or greater than the Contracted Capacity, then: 4.5.4.1 for the purposes of this Agreement, the power output of the Facility shall be limited to the Contracted Capacity, and only Energy Output that is generated from the Contracted Capacity shall be subject to this Agreement; 4.5.4.2 the Seller shall deliver to the Buyer a Notice of Commencement of Facility, following which the Commercial Operation Date will be the first day starting at 00:00 hours following the day upon which the Buyer receives from the Seller such Notice of Commencement of Facility; and 4.5.4.3 the Seller shall not be entitled to increase the installed Capacity of the Facility beyond the Capacity installed at the Commercial Operation Date at any time in the future. 4.5.5 If the Facility has achieved Facility Completion in terms of clause 4.3 (Facility Completion and Commissioning) and the Achieved Capacity is equal to or greater than the Minimum Acceptance Capacity but less than the Contracted Capacity, the Seller shall: 4.5.5.1 if necessary, at its own expense and in the shortest possible time, on giving notice to the Buyer, effect such repairs or replacements to the Facility, or any part thereof, as necessary for the Facility to achieve its Contracted Capacity, following which the Facility Completion shall be re-assessed in accordance with clause 4.3 (Facility Completion and Commissioning), and: 4.5.5.1.1 if the Achieved Capacity, as re-assessed, is equal to or greater than the Contracted Capacity, then clause 4.5.4 shall then apply; and 4.5.5.1.2 if the Achieved Capacity, as re-assessed, remains equal to or greater than the Minimum Acceptance Capacity but less than the Contracted Capacity, then clause 4.5.5.2 shall then apply, provided in each case that such repairs or replacements must be completed and the Facility Completion Form must have been completed and submitted by the Seller to the Buyer by the Last COD; or 4.5.5.2 elect, without effecting any repairs or replacements (or further repairs or replacements, as the case may be) to the Facility, to deliver to the Buyer a Notice of Commencement of Facility, following which the Commercial Operation Date will be the first day starting at 00:00 hours following the day upon which the Buyer receives from the Seller such Notice of Commencement of Facility and clause 4.8 (Reduction in Contracted Capacity) shall apply. 4.5.6 If the Facility has achieved Facility Completion in terms of clause 4.3 (Facility Completion and Commissioning) and the Achieved Capacity is less than the Minimum Acceptance Capacity, then the Seller shall, at its own expense and in the shortest possible time, effect such repairs or replacements to the Facility, or any part thereof, necessary for the Facility to achieve an Achieved Capacity greater than or equal to the Minimum Acceptance Capacity, provided that such repairs or replacements must have been completed, the Facility Completion must have been re- assessed and the duly completed Facility Completion Form must have demonstrated an Achieved Capacity equal to or greater than the Minimum Acceptance Capacity by the Last COD, and clause 4.8 (Reduction in Contracted Capacity) shall apply.