Common use of Extensions of Test Period Clause in Contracts

Extensions of Test Period. In the event that Seller cannot satisfy the requirements for the Initial Energy Delivery Date by the end of the Test Period, as set forth in Section 3.1(c)(i), then Seller may provide Buyer with a one-time Notice of a thirty (30) day extension of the Test Period (“Initial Extension”) along with a written explanation of the basis for the extension, no later than five (5) Business Days prior to the end of the Test Period. In the event that Seller requires an additional extension of the Test Period beyond the Initial Extension, Seller may request a further extension of the Test Period from Buyer no later than ten (10) days prior to the expiration of the Initial Extension of up to sixty (60) days by providing Notice to Buyer along with a detailed written explanation of the basis for such request (“Additional Extension”). Buyer shall provide Seller with Notice of Buyer’s acceptance or rejection, in its sole discretion, of such Notice of Additional Extension within ten (10) days of receipt of Seller’s Notice of Additional Extension. If Buyer fails to provide a Notice of Buyer’s acceptance or rejection, then Seller’s Notice of Additional Extension shall be deemed accepted. If Buyer provides Seller with Notice of Xxxxx’s rejection of the Additional Extension, then Seller may be subject to an Event of Default. As evidence of the Initial Energy Delivery Date, the Parties shall execute and exchange the “Initial Energy Delivery Date Confirmation Letter,” attached hereto as Appendix II, on the Initial Energy Delivery Date.

Extensions of Test Period. In the event that Seller cannot satisfy the requirements for the Initial Energy Delivery Date by the end of the Test Period, as set forth in Section 3.1(c)(i), then Seller may provide Buyer with a one-time Notice of a thirty (30) day extension of the Test Period (“Initial Extension”) along with a written explanation of the basis for the extension, no later than five (5) Business Days prior to the end of the Test Period. In the event that Seller requires an additional extension of the Test Period beyond the Initial Extension, Seller may request a further extension of the Test Period from Buyer no later than ten (10) days prior to the expiration of the Initial Extension of up to sixty (60) days by providing Notice to Buyer along with a detailed written explanation of the basis for such request (“Additional Extension”). Buyer shall provide Seller with Notice of Buyer’s acceptance or rejection, in its sole discretion, of such Notice of Additional Extension within ten (10) days of receipt of Seller’s Notice of Additional Extension. If Buyer fails to provide a Notice of Buyer’s acceptance or rejection, then Seller’s Notice of Additional Extension shall be deemed accepted. If Buyer provides Seller with Notice of XxxxxBuyer’s rejection of the Additional Extension, then Seller may be subject to an Event of Default. As evidence of the Initial Energy Delivery Date, the Parties shall execute and exchange the “Initial Energy Delivery Date Confirmation Letter,” attached hereto as Appendix II, on the Initial Energy Delivery Date.