Expected Commercial Operation Date; Guaranteed Commercial Operation Date. 1.1.1.If not already capable of delivering Product on the Execution Date, the Facility’s expected Commercial Operation Date is the date specified in the Cover Sheet, which may, subject to the terms of the Agreement, be modified by Seller from time to time after the Execution Date. Seller shall provide Notice to Buyer of the latest expected Commercial Operation Date of the Facility no later than sixty (60) days before such date.
Expected Commercial Operation Date; Guaranteed Commercial Operation Date. If not already capable of delivering Product on the Execution Date, the Facility’s expected Commercial Operation Date is __________________, which may, subject to the terms of the Agreement, be modified by Seller from time to time after the Execution Date. Seller shall provide Notice to Buyer of the latest expected Commercial Operation Date of the Facility no later than sixty (60) days before such date. Seller shall have demonstrated Commercial Operation by the “Guaranteed Commercial Operation Date,” which date shall be no later than the date that is twenty-four (24) months (720 days) after the Execution Date; provided that, subject to Section 2.8.4, the Guaranteed Commercial Operation Date may be extended for the following reasons (“Permitted Extensions”): Subject to Section 2.8.5, if Seller has taken all commercially reasonable actions (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 Project, but is unable to obtain such permits due to delays beyond Seller’s reasonable control (“Permitting Delay”), then the Guaranteed Commercial Operation Date shall be extended six (6) months; Subject to Section 2.8.5, if Seller has taken all commercially reasonable actions (including but not limited to Seller’s timely filing of required documents and payment of all applicable fees, and completion of all Electric System Upgrades needed, if any) to have the Project physically interconnected to the Transmission/Distribution Owner’s distribution system, but fails to secure any necessary commitments from CAISO or the Transmission/Distribution Owner for such interconnection and upgrades due to delays beyond Seller’s reasonable control (“Transmission Delay”), then the Guaranteed Commercial Operation Date shall be extended six (6) months; In the event of Force Majeure (“Force Majeure Delay”) without regard to Transmission Delay or Permitting Delay, the Guaranteed Commercial Operation Date shall be extended on a day-to-day basis for a cumulative period of not more than six (6) months; provided that Seller complies with Section 11; or If Seller pays to Buyer damages in an amount equal to two percent (2%) of the Collateral Requirement per day for each day (or portion thereof) the Guaranteed Commercial Operation Date is extended (“Daily Delay Liquidated Damages”), then the Guaranteed Commercial Operation Date shall be extended on a day-to-day basis cor...
