Common use of Construction Start Date Clause in Contracts

Construction Start Date. The Construction Start Date shall occur no later than three hundred and sixty (360) days after the Effective Date of this Agreement, provided that the Construction Start Date may be extended on a day-for-day basis for not more than one hundred and eighty (180) days: if Seller has used commercially reasonable efforts (including but not limited to Seller’s timely filing of required documents and payment of all applicable fees) to obtain permits necessary for the construction and operation of the Facility, but is unable to obtain such permits due to delays beyond Seller’s reasonable control (“Permitting Delay”); if Seller has used commercially reasonable efforts (including but not limited to Seller’s timely filing of required documents and payment of all applicable fees) to have the Facility physically interconnected to the PG&E system or CAISO Grid and to complete all electric system upgrades needed, if any, in order to interconnect the Facility to the PG&E system or CAISO Grid, but fails to secure any necessary commitments from CAISO or PG&E for such interconnection and upgrades due to delays beyond Seller’s reasonable control (“Transmission Delay”); or, in the event of Force Majeure without regard to Transmission Delay or Permitting Delay provided that Seller works diligently to resolve the effect of the Force Majeure and provides evidence of its efforts promptly to Buyer upon Buyer’s written request. Guaranteed Commercial Operation Date Seller shall demonstrate Commercial Operation no later than five hundred and forty (540) days after the Effective Date of this Agreement (the “Guaranteed Commercial Operation Date”), provided that the Guaranteed Commercial Operation Date may be extended on a day-for-day basis for (a) any extension claimed by Seller pursuant to and in accordance with Section 5.3, and (b) Force Majeure occurring after the Construction Start Date, provided that the total number of such further extension days under this subpart (b) shall not exceed one hundred and eighty (180) days.

Construction Start Date. The Construction Start Date shall occur no later than three hundred and sixty (360) days after the Effective Execution Date of this Agreement, provided that the Construction Start Date may be extended on a day-for-day basis for not more than one hundred and eighty (180) days: if Seller has used commercially reasonable efforts (including but not limited to Seller’s timely filing of required documents and payment of all applicable fees) to obtain permits necessary for the construction and operation of the Facility, but is unable to obtain such permits due to delays beyond Seller’s reasonable control (“Permitting Delay”); if Seller has used commercially reasonable efforts (including but not limited to Seller’s timely filing of required documents and payment of all applicable fees) to have the Facility physically interconnected to the PG&E system or CAISO Grid and to complete all electric system upgrades needed, if any, in order to interconnect the Facility to the PG&E system or CAISO Grid, but fails to secure any necessary commitments from CAISO or PG&E for such interconnection and upgrades due to delays beyond Seller’s reasonable control (“Transmission Delay”); or, in the event of Force Majeure without regard to Transmission Delay or Permitting Delay provided that Seller works diligently to resolve the effect of the Force Majeure and provides evidence of its efforts promptly to Buyer upon Buyer’s written request. Guaranteed Commercial Operation Date Seller shall demonstrate Commercial Operation no later than five hundred and forty (540) days after the Effective Execution Date of this Agreement (the “Guaranteed Commercial Operation Date”), provided that the Guaranteed Commercial Operation Date may be extended on a day-for-day basis for (a) any extension claimed by Seller pursuant to and in accordance with Section 5.3, and (b) Force Majeure occurring after the Construction Start Date, provided that the total number of such further extension days under this subpart (b) shall not exceed one hundred and eighty (180) days.