Failure to Achieve Commercial Operation. If the Large Generating Facility fails to achieve Commercial Operation, but it or another generating facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facility, if different, is responsible for identifying and demonstrating to the Participating TO the appropriate entity to which reimbursement must be made in order to implement the intent of this reimbursement obligation.
Failure to Achieve Commercial Operation. If the Small Generating Facility fails to achieve commercial operation, but it or another generating facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facility, if different, is responsible for identifying the entity to which reimbursement must be made.
Failure to Achieve Commercial Operation. If Seller fails to achieve Commercial Operation of the Facility by the Guaranteed Commercial Operation Date, PacifiCorp shall have the right to enter the Facility and do all such things as PacifiCorp may consider necessary or desirable to complete the Facility and cause Commercial Operation to occur. PacifiCorp shall, following the Commercial Operation Date (a) return the Facility to Seller upon execution of an indemnity and release by Seller of all claims arising out of the period of PacifiCorp’s entry on the Facility in a form reasonably acceptable to PacifiCorp or (b) failing the execution of such release or indemnity, operate the Facility for the Term pursuant to Section
Failure to Achieve Commercial Operation. If Seller fails to achieve Commercial Operation of the Facility by the Guaranteed Commercial Operation Date, PacifiCorp shall have the right to enter the Facility and do all such things as PacifiCorp may consider necessary or desirable to complete the Facility and cause Commercial Operation to occur. PacifiCorp shall, following the Commercial Operation Date (a) return the Facility to Seller upon execution of an indemnity and release by Seller of all claims arising out of the period of PacifiCorp’s entry on the Facility in a form reasonably acceptable to PacifiCorp or (b) failing the execution of such release or indemnity, operate the Facility for the Term pursuant to Section 11.9.2. PacifiCorp shall likewise return the Facility to Seller upon a showing by Seller that it is immediately ready, willing and able to achieve Commercial Operation of the Facility within a commercially and technically reasonable period of time.
Failure to Achieve Commercial Operation. If Seller fails to achieve Commercial Operation of the Facility by the Guaranteed Commercial Operation Date, PacifiCorp shall have the right to enter the Facility and do all such things as PacifiCorp may consider necessary or desirable to complete the Facility and cause Commercial Operation to occur. PacifiCorp shall, following the Commercial Operation Date (a) return the Facility to Seller upon execution of an indemnity and release by Seller of all claims arising out of the period of PacifiCorp’s entry on the Facility in a form reasonably acceptable to the Parties or (b) failing the execution of such release or indemnity, (i) operate the Facility for the Term pursuant to Section 8.4.2 or (ii) terminate this Agreement without payment of any damages. Seller shall indemnify and hold PacifiCorp harmless from and against all losses, costs, charges and expenses incurred by PacifiCorp in connection with exercise of its rights under this Section 8.4.1, whether to third parties or otherwise, other than due to the gross negligence or willful misconduct of PacifiCorp.
Failure to Achieve Commercial Operation. In the event GEC fails to achieve Commercial Operation on or before the Guaranteed Completion Date, except for cases of Force Majeure, Owner may invoice GEC in arrears on a monthly basis for the applicable Schedule Liquidated Damages associated with the applicable phase as set forth in Exhibit C-3.
Failure to Achieve Commercial Operation. (i) Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date, as may be extended by an FM Extension. If the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date (as may be extended by an FM Extension), then Buyer shall be entitled to draw upon the Project Development Security as liquidated damages for Seller's failure to achieve Commercial Operation by the Guaranteed Commercial Operation Date. The Parties agree that Buyer’s receipt of the full amount of the Project Development Security shall be Buyer's sole remedy for Seller’s failure to achieve Commercial Operation by the Guaranteed Commercial Operation Date under the Agreement; provided that Buyer shall not be limited from exercising any other remedy provided under the Agreement for any other Event of Default by Seller under the Agreement.
Failure to Achieve Commercial Operation. Commercial Operation has not occurred on or before the Limit Commercial Operation Date or the Independent Technical Consultant certifies to the Agent that, in the Independent Technical Consultant’s judgment, Commercial Operation cannot reasonably be expected to be achieved by the Limit Commercial Operation Date.
Failure to Achieve Commercial Operation. Except as may be due to
Failure to Achieve Commercial Operation. If the Generating Facility fails to achieve Commercial Operation, but it or another Generating Facility is later constructed and makes use of the Affected Participating TO’s Network Upgrades, the Affected Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Affected Participating TO’s Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying and demonstrating to the Affected Participating TO the appropriate entity to which reimbursement must be made in order to implement the intent of this reimbursement obligation.
