Covenant Regarding Capacity Attributes Clause Samples

Covenant Regarding Capacity Attributes. Without limiting any of Seller’s obligations under this Agreement, Seller shall use commercially reasonable efforts to cause the Facility to obtain an FCDS Finding by no later than ninety (90) days after the Commercial Operation Date, provided that the obtaining such FCDS Finding shall not be a condition to the achievement of Commercial Operation, and no Default shall occur hereunder solely due to the failure of the Facility to obtain such status or the loss of such status once obtained, unless such failure is due to the actions or omissions of Seller.