Guaranteed Commercial Operation Date Sample Clauses

Guaranteed Commercial Operation Date. (i) The Parties agree time is of the essence in regards to the Agreement. As such, Seller shall have demonstrated Commercial Operation per the terms of Appendix IV-2 by the date that is no later than twenty-four (24) months after the Effective Date of this Agreement, except as such date may be extended on a day for day basis for not more than a cumulative six (6) month period for a Permitted Extension (the “Guaranteed Commercial Operation Date”).
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Guaranteed Commercial Operation Date. Seller shall have demonstrated Commercial Operation no later than [__________] (the “Guaranteed Commercial Operation Date”).
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Guaranteed Commercial Operation Date. Seller shall have demonstrated Commercial Operation no later than twelve (12) calendar months after the Effective Date (the “Guaranteed Commercial Operation Date”); provided that the Guaranteed Commercial Operation Date may be extended on a day for day basis for not more than three hundred sixty (360) days in the event of Force Majeure (“FM Extension”), provided that Seller works diligently to resolve the effect of the Force Majeure and provides evidence of its efforts promptly to Buyer upon Buyer’s written request. If Seller claims an FM Extension, Seller shall provide Buyer with sixty (60) days Notice prior to the original date of the Guaranteed Commercial Operation Date, which Notice must include information necessary for Buyer to verify the length and qualification of the extension; provided that if sixty (60) days in impracticable or impossible, Seller shall provide Notice as soon as possible thereafter.
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Guaranteed Commercial Operation Date. Subject to Force Majeure Events, if Seller has not achieved Commercial Operation by the Guaranteed Commercial Operation Date, Buyer may choose to either (a) terminate this Agreement without costs or damages to either Party; or (b) elect to continue to the Agreement and be entitled to COD Delay Damages for a period of up to twelve (12) months, after which Seller shall be entitled to terminate the Agreement without additional costs or damages other than the COD Delay Damages owned to date. If Seller fails to timely pay any COD Damages, Buyer may draw upon the Development Security to satisfy Seller’s payment obligation thereof. The payment of COD Delay Damages shall be considered to be liquated damages and shall be the sole and exclusive remedy under this Section 2.5.
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Guaranteed Commercial Operation Date. (a) Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date, unless extended in accordance with Section 4.10(b) and Section 4.13.
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Guaranteed Commercial Operation Date. Buyer shall achieve the Commercial Operation Date, as may be extended as provided in Section 4.3, for the RNG Facility by the later of five hundred and forty (540) days from the Construction Commencement Milestone Date or eight hundred and seventy (870) days after the date hereof (the "Guaranteed Commercial Operation Date" or "GCOD"). If Xxxxx fails to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date, then Buyer shall pay Seller the amounts identified in the following table for the periods associated with those payments for each Month or portion of a Month following the Guaranteed Commercial Operation Date, such payment to be made not later than the fifteenth (15th) day of each Month for the prior Month. For the avoidance of doubt, Xxxxx's obligation to make the payments provided for in the preceding sentence shall be in effect regardless whether or not, or as of when, the Effective Date has occurred. Time Period from GCOD Percentage of Estimated Royalty Payment GCOD through [***] Days [***]% Day [***] through [***] Days [***]% Day [***] through [***] Days [***]% Day [***] until Commercial Operation has been achieved. [***]% Amounts due for portions of a Month shall be prorated based on the portion of the Month for which the applicable payment is in effect. Payment obligations accrued and unpaid under this Section 4.4(d) shall survive termination of this Agreement.
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Guaranteed Commercial Operation Date. (i) The Parties agree that the Guaranteed Commercial Operation Date must be achieved in a timely fashion or Buyer will suffer damages. In addition, at the beginning of each calendar year, until such milestone is achieved, Seller shall provide Buyer with periodic updates of certain development milestones, as initially set forth in Exhibit C. In addition, Seller shall provide Buyer with any reasonably requested documentation to support the achievement of the Guaranteed Commercial Operation Date within ten
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Guaranteed Commercial Operation Date. [Date] Delivery Term: The period for Product delivery will be for [Number of years] Contract Years.
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Guaranteed Commercial Operation Date. Subject to any extensions made pursuant to Section 2.4 and Section 2.5, the Commercial Operation Date must be no later than eighteen (18) months from the Effective Date (the “Guaranteed Commercial Operation Date”).
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Related to Guaranteed Commercial Operation Date

  • Commercial Operation Date 6.4.1 The SPV shall ensure that the Project Commercial Operation Date is achieved on or prior to the Scheduled Commercial Operation Date. The SPV shall provide a written notice to MSEDCL at least 30 (thirty) days in advance intimating MSEDCL of the proposed date on which the Commercial Operation Date of a Unit or the Project is proposed to be achieved.

  • Commercial Operation On or before December 31, 2023, Interconnection Customer must demonstrate commercial operation of all generating units. Demonstrating commercial operation includes achieving Initial Operation in accordance with Section 1.4 of Appendix 2 to this ISA and making commercial sales or use of energy, as well as, if applicable, obtaining capacity qualification in accordance with the requirements of the Reliability Assurance Agreement Among Load Serving Entities in the PJM Region.

  • Lease Commencement Date The earlier to occur of (i) the date upon which Tenant first commences to conduct business in the Premises, and (ii) sixty (60) days following the date of delivery of the Premises from Landlord to Tenant, which delivery date is anticipated to be May 1, 2002, as such date may be adjusted pursuant to the Tenant Work Letter attached hereto as Exhibit B.

  • Post-Commercial Operation Date Testing and Modifications Each Party shall at its own expense perform routine inspection and testing of its facilities and equipment in accordance with Good Utility Practice as may be necessary to ensure the continued interconnection of the Large Generating Facility with the Participating TO’s Transmission System in a safe and reliable manner. Each Party shall have the right, upon advance written notice, to require reasonable additional testing of the other Party’s facilities, at the requesting Party’s expense, as may be in accordance with Good Utility Practice.

  • Substantial Completion Date Substantial Completion of the Work as defined in Article 6.1.2 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by July 31, 2022.

  • Term Commencement Date The term of this Agreement shall commence on , 2020 (the “Commencement Date”) and, unless earlier terminated in accordance with the terms of this Agreement, shall end on June 30, 2055 (the “Term”).

  • Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by September 30, 2022.

  • Synchronization, Commissioning and Commercial Operation 4.1.1 The Power Producer shall give at least thirty (30) days written notice to the SLDC and GUVNL, of the date on which it intends to synchronize the Power Project to the Grid System.

  • Rent Commencement Date The "Rent Commencement Date" shall be the date that Tenant first uses the Premises or any portion thereof for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans: the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.

  • Project Completion Date It is agreed between the Parties that the Project Completion Date is <END DATE, YEAR>. If the Project is not completed by such date then, subject to an amendment agreed to between the Parties, Alberta Innovates may elect to terminate this Investment Agreement. In such event, Alberta Innovates will notify the Applicant of its decision to terminate as soon as reasonably practical and shall advise the Applicant of the effective date of termination. Alberta Innovates will have no liability or obligation to reimburse the Applicant for any Project Costs incurred after the effective date of termination and may require the Applicant to return any portions of the Investment which were spent on Ineligible Expenses. Additionally, any portion of the Investment not used and accounted for in accordance with this Agreement as of the Project Completion Date or earlier termination is repayable by the Applicant to AI at AI’s request.

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