Critical Milestones. (a) Subject to the provisions of Section 3.1(c), commencing on the Effective Date, Seller shall develop the Facility in order to achieve the following milestones (“Critical Milestones”) on or before the date set forth in this Section 3.1(a):
Critical Milestones. (a) Subject to Sections 4.1(c), 4.1(d) and 4.1(e), commencing on the Effective Date, Owner shall develop the NECEC Transmission Line in order to achieve the milestones set forth in clauses (i), (iii)-(v), and (vii) below, and use commercially reasonable efforts to cause HQUS to develop the Québec Line in order to achieve the milestones set forth in clauses (ii) and (vi) below (each clause, a “Critical Milestone”) on or before the dates set forth in this Section 4.1(a):
Critical Milestones. Subject to the provisions of Section 3.1(c), commencing on the Effective Date, Seller shall develop the Facility in order to achieve the following milestones (“Critical Milestones”) on or before the date set forth in this Section 3.1(a): receipt of all Permits necessary to construct the Facility, as set forth in Exhibit B, in final form, by [_________]; acquisition of all required real property rights necessary for construction and operation of the Facility, interconnection of the Facility to Buyer’s distribution system under the Interconnection Tariff, and performance of Seller’s obligations under this Agreement as set forth on Exhibit B, by [_________]; demonstration that the Financial Closing Date has occurred and construction of the Facility has commenced on or before July 1, 2017; and achievement of the Commercial Operation Date by July 1, 2018. Seller shall provide Buyer with written notice of the achievement of each Critical Milestone within seven (7) days after that achievement, which notice shall include information demonstrating with reasonable specificity that such Critical Milestone has been achieved. Seller acknowledges that Buyer requires such written notice solely for monitoring purposes, and that nothing set forth in this Agreement shall create or impose upon Buyer any responsibility or liability for the development, construction, operation or maintenance of the Facility. In addition to any extension of a date for a Critical Milestone as a result of a Force Majeure under Section 10.1, Seller may elect to extend all of the dates for the Critical Milestones not yet achieved (i) by one year without posting additional Development Period Security and (ii) by up to two additional six month periods by posting additional Development Period Security of $10 per kWh of Contract Maximum Amount for each such six-month period. In no event may Seller exercise the right to extend the Critical Milestone dates under this Section 3.1(c) by more than two years, and in no event shall any extension of the Critical Milestone dates as a result of one or more Force Majeure events exceed a cumulative total of an additional twelve (12) months. Any such election shall be made in a written notice delivered to Buyer on or prior to the first date for a Critical Milestone that has not yet been achieved (as such date may have previously been extended). The Parties agree that time is of the essence with respect to the Critical Milestones and is part of the consideration to ...
Critical Milestones. Contractor acknowledges and understands that the Project Schedule contains certain time-sensitive milestones (Critical Milestones) that must be attained by certain dates; otherwise, the City will suffer financial harm. Milestones that are Critical Milestones are so indicated in the Project Schedule. Notwithstanding City’s ability to assess liquidated damages for Contractor’s failure to meet any Critical Milestone, the time period for achieving final Acceptance shall not exceed [insert number] calendar days after initiation of System testing. In addition to any other remedy provided under this Agreement, Contractor’s inability to achieve final Acceptance of the System within [insert number] calendar days after the last Critical Milestone will be cause for immediate termination of this Agreement, and City shall be entitled to a full refund of any amounts paid to Contractor under this Agreement.
Critical Milestones. The Seller shall use commercially reasonable efforts to cause the development and construction of the Facility to meet each of the following milestones (“Critical Milestones”) by the date set forth below (subject to Sections 11.2(c) and 11.5):
Critical Milestones. 169 Critical milestones are milestones on the critical path of the T2S Programme Plan. Please refer to 170 Section 5.3 for the definition of the T2S Critical Path.
Critical Milestones. [Sections 3.1 to 3.3 apply only to development projects and would not apply to existing facilities]
Critical Milestones. Seller shall use commercially reasonable efforts to cause the development and construction of the Facility to meet each of the Critical Milestones by the dates set forth in Appendix XXVII. Seller shall provide Buyer with any requested documentation to support the achievement of Critical Milestones within ten (10) Business Days of receipt of such request by Seller. If Seller misses any Critical Milestone by more than thirty (30) days, except as the result of Force Majeure, Seller shall submit to Buyer, within ten (10) Business Days of such missed Critical Milestone completion date, a remedial action plan (“Remedial Action Plan”), which is outlined in the Monthly Construction Progress Report (Appendix XXVIII) and requires Seller to provide a detailed description of its proposed course of action to achieve the missed Critical Milestones and all subsequent Critical Milestones by the Guaranteed Commercial Operation Date; provided, that delivery of any Remedial Action Plan shall not relieve Seller of its obligation to meet any subsequent Critical Milestones and the Expected Initial Delivery Date.
Critical Milestones. In this section, please include information on each Critical Milestone listed in Appendix XXVII, plus any additional significant milestones related to the project. Critical Milestone schedule Please state the status and progress of each Critical Milestone. Provide the date of completion of completed Critical Milestone(s) and the expected date of completion of uncompleted Critical Milestone(s). The expected date is the current best estimate, and may change from time to time as better information becomes available. Remedial Action Plan (applicable if Seller fails to achieve Critical Milestone by the Critical Milestone Date) Please describe in detail any delays (actual or anticipated) beyond the scheduled Critical Milestone dates. Describe the cause of the delay (e.g., governmental approvals, financing, property acquisition, design activities, equipment procurement, project construction, interconnection, or any other factor). Describe Seller’s Remedial Action Plan which shall include detailed plans to achieve the missed Critical Milestone and subsequent Critical Milestones.
Critical Milestones. The Seller shall cause the development and construction of the Project to meet each of the Critical Milestones on or before the dates specified for such Critical Milestones on Schedule 1, and shall provide Notice (including evidence reasonably requested by Buyer) when each Critical Milestone is accomplished.
