Guaranteed Project Milestone Dates. Seller shall achieve each Guaranteed Project Milestone Date, subject (to the extent applicable) to the following grace periods: if the failure to achieve Commercial Operations by the Guaranteed Commercial Operations Date is the result of the PUC Approval Order Date occurring more than one hundred eighty (180) Days after the Execution Date, Seller shall be entitled to a grace period following the Guaranteed Commercial Operation Date equal to the lesser of (i) the number of Days that elapse between the end of the aforesaid 180-Day period and the PUC Approval Order Date, or (ii) the number of Days following the Guaranteed Commercial Operations Date that are reasonably necessary for Seller, using reasonable diligence to achieve the Commercial Operations Date in the shortest period of time; [THIS PARAGRAPH SHOULD BE DELETED IF THE GCOD IS A PERIOD OF DAYS MEASURED FROM THE EFFECTIVE DATE RATHER THAN A DATE CERTAIN. NOTE THAT THE "PUC APPROVAL ORDER DATE" IS THE DATE THE ORDER IS ISSUED AND NOT THAT IT BECOMES NON-APPEALABLE.] or if the failure to achieve a Guaranteed Project Milestone by the applicable Guaranteed Project Milestone Date is the result of Force Majeure (which, for purposes of this Section 13.3(b) excludes any delay in obtaining the PUC Approval Order because that contingency is addressed in Section 13.3(a) above) [PRECEDING PARENTHETICAL SHOULD BE DELETED IF SECTION 13.3(a) IS DELETED], and if and so long as the conditions set forth in Section 21.4 (Satisfaction of Certain Conditions) are satisfied, Seller shall be entitled to a grace period following such Guaranteed Project Milestone Date equal to the lesser of three hundred sixty-five (365) Days or the duration of the Force Majeure. if the failure to achieve a Guaranteed Project Milestone by the applicable Guaranteed Project Milestone Date is the result of any failure by Company in the timely performance of its obligations under this Agreement, Seller shall be entitled to a grace period following such Guaranteed Project Milestone Date equal to the duration of the period of delay directly caused by such failure in Company's timely performance. Such grace period on the terms described above shall be Seller's sole remedy for any such failure by Company. For purposes of this Section 13.3(c), Company's performance will be deemed to be "timely" if it is accomplished within the time period specified in this Agreement with respect to such performance or, if no time period is specified, within a reasonable period of time. If the performance in question is Company's review of plans, the determination of what is a "reasonable period of time" will take into account Company's past practices in reviewing and commenting on plans for similar facilities.
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Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
