Construction Schedule Milestones Clause Samples

Construction Schedule Milestones. Seller will develop the New Facility in accordance with the following timetable (each timetable date a "Construction Milestone "): (i) Seller expects to complete its submission of application for all remaining authorizations, permits, consents, authorizations, interconnections and land use rights ("Consents") needed to construct and operate the New Facilities by , 20 (the “Target Consents Application Date”). (ii) Seller expects to complete firm equipment orders and authorize its general contractor to mobilize for construction at the site for the New Facility (such events “Notice to Proceed”) by (the “Target Notice to Proceed Date”). (iii) Seller expects to achieve Commercial Operation on the Target Commercial Operation Date. (iv) Seller will meet all Construction Milestones unless delayed or prevented by Force Majeure or any other cause beyond Seller's control with the use of commercially reasonable efforts, including any delay on the part of any governmental authority or transmission system operator in the issuance of any Consents (any such cause an “Excused Delay”), provided, delay, price increases or non-performance by Seller's equipment vendors, contractors or subcontractors shall not constitute Excused Delay. Each Construction Milestone will be extended Day- for-Day with respect to the effects of any Excused Delay, provided, in the event an Excused Delay does not or is not reasonably expected to cause a Day-for-Day delay in subsequent Construction Milestones, and to the extent any such Excused Delay can be reduced by commercially reasonable efforts of Seller, the extension of such subsequent Construction Milestones shall be a reasonable amount based upon applicable circumstances.