Completion by Required Completion Date Sample Clauses

Completion by Required Completion Date. (A) Seller shall cause the Facility to achieve Commercial Operation no later than the Required Commercial Operation Date; provided, that Seller shall not be obligated to establish a Commercial Operation Date under this PPA that is earlier than the Required Commercial Operation Date. (B) The Required Commercial Operation Date shall be extended, Day- for-Day, for (i) each Day on which a Force Majeure event occurs, provided that the Required Commercial Operation Date shall not be extended by more than one hundred eighty (180) days for a Force Majeure event; (ii) each Day after a date on or before which Section 6.2 states that Buyer’s Conditions Precedent should occur and before the date that Buyer deliver Buyer’s CP Confirmation Notice with respect to such Buyer’s Conditions Precedent; (iii) each Day after a date on or before which Section 6.1 states that a Seller’s Conditions Precedent should occur and before the date that Seller has delivered Seller’s CP Confirmation Notice with respect to such Seller’s Conditions Precedent (but not more than a maximum of ninety (90) Days in the aggregate); and (iv) each Day on which an Interconnection Delay occurs; provided that if any two or more of the foregoing occur on the same Day, such Day shall be counted as just one Day for purposes of such extension. (C) In the event that Commercial Operation has not occurred by the Required Commercial Operation Date (as extended pursuant to Section 4.1(B) and/or Section 4.3), Seller may either (i) terminate this PPA with immediate effect or (ii) extend the Required Commercial Operation Date (as may have been extended pursuant to Section 4.1(B) and/or Section 4.3) by a period of ninety (90) Days, by notifying Buyer on or before the Required Commercial Operation Date (as may have been extended pursuant to Section 4.1(B) and/or Section 4.3) of its intent to so terminate or further extend the Required Commercial Operation Date. (D) If Seller so extends the Required Commercial Operation Date pursuant to Section 4.1(C), Daily Delay Damages shall accrue starting on the date that is ninety (90) Days after the Required Commercial Operation Date (as extended pursuant to Section 4.1(B) and/or Section 4.3 but as it stood before extension under Section 4.1(C)) and accrue for every Day thereafter until the earlier to occur of the Commercial Operation Date or the expiration of the ninety (90) Day extension period described in Section 4.1(C). If Commercial Operation has not occurred by the end o...