Common use of Facility Development Clause in Contracts

Facility Development. (A) At the times provided in this Section 4.1(A), Seller shall (i) submit quarterly or monthly (as applicable) progress reports to Buyer advising Buyer of the current status of each Construction Milestone, any significant developments or delays along with an action plan for making up delays, and Seller’s best estimate of the Commercial Operation Date; and (ii) invite Buyer to participate in quarterly or monthly (as applicable) meetings to discuss the progress reports, answer questions, and assess the schedule. Commencing on the first day of the calendar quarter next following the Effective Date and continuing until Seller is required to provide monthly reports under this Section 4.1(A), Seller shall provide Buyer with the quarterly reports required under this section. Commencing on the first day of the month next following the month in which Seller gives a full notice to proceed with the construction of the Facility and continuing until the Commercial Operation Date, Seller shall provide Buyer with the monthly reports required under this section. (B) Upon request, Buyer shall have the right to monitor the construction, start- up, testing, and operation of the Facility at the Facility for compliance with this PPA, provided, however, that Buyer shall comply with all of Seller’s applicable safety and health rules and requirements. Buyer’s monitoring of the Facility shall not be construed as inspections or endorsing the design thereof nor as any express or implied warranties including performance, safety, durability, or reliability of the Facility. (C) Seller shall notify Buyer (i) sufficiently in advance of any known upcoming significant inspections by any Governmental Authority relating to the Facility to allow Buyer the opportunity to attend, and (ii) promptly after any unscheduled or impromptu inspection with a description of the nature and outcome of such inspection.

Facility Development. (A) At the times provided in this Section Article 4.1(A), Seller shall (i) submit quarterly or monthly (as applicable) progress reports to Buyer advising Buyer of the current status of each Construction Milestone, any significant developments or delays along with an action plan for making up delays, and Seller’s best estimate of the Commercial Operation Date; and (ii) invite Buyer to participate in quarterly or monthly (as applicable) meetings to discuss the progress reports, answer questions, and assess the schedule. Commencing on the first day of the calendar quarter next following the Effective Date and continuing until Seller is required to provide monthly reports under this Section Article 4.1(A), Seller shall provide Buyer with the quarterly reports required under this sectionArticle. Commencing on the first day of the month next following the month in which Seller gives a full notice to proceed with the construction of the Facility and continuing until the Commercial Operation Date, Seller shall provide Buyer with the monthly reports required under this sectionArticle. (B) Upon requestwritten request delivered reasonably in advance, Buyer shall have the right to monitor the construction, start- start-up, testing, and operation of the Facility at the Facility for compliance with this PPA, not more than five (5) times per calendar year, provided, however, that Buyer Buyer, any of its Affiliates, and any of their officers, directors, employees, contractors and agents shall comply with all of Seller’s applicable safety and health rules and requirements. Buyer’s monitoring of the Facility shall not be construed as inspections or endorsing the design thereof nor as any express or implied warranties including performance, safety, durability, or reliability of the Facility. (C) Seller shall notify Buyer (i) sufficiently in advance of any known upcoming significant inspections by any Governmental Authority relating to at the Facility to allow Buyer the opportunity to attend; provided, however, that Seller shall not be required to re-schedule or postpone any such inspections in the event that Buyer is not able to attend, and (ii) promptly after any unscheduled or impromptu inspection with a description of the nature and outcome of such inspection. While at the Facility, any of Buyer’s representatives attending any such inspections shall comply with all of Seller’s applicable safety and health rules and requirements and shall conduct themselves in a manner that will not interfere with the operation of the Facility.