Initial Delivery Date Clause Samples

Initial Delivery Date. 75 The term of this Agreement shall be a minimum of 5 years when contracting for capacity payments 76 and shall begin upon the first date when energy is generated by the Facility and delivered to the 77 Company and continuing for the term specified in the Rate Schedule paragraph above and shall 78 automatically extend thereafter unless terminated by either party by giving not less than thirty (30) 79 days prior written notice. Any automatic extension of this Agreement will be at the Variable Rates 80 in effect at the time of extension. The term shall begin no earlier than the date the Company’s 81 Interconnection Facilities are installed and are ready to accept electricity from the Seller which is 82 requested to be . The Company at its sole discretion may terminate this Agreement 83 on , 20 (30 months following the date of the order initially approving the rates 84 selection shown above which may be extended beyond 30 months if construction is nearly complete 85 and the Seller demonstrates that it is making a good faith effort to complete its project in a timely 86 manner1) if the Seller is unable to provide generation capacity and energy production consistent 87 with the energy production levels specified in Provision No. 1.4 above. This date may be extended 88 by upon mutual agreement by both parties. 89

Initial Delivery Date. (a) The Initial Delivery Date shall be the date upon which the Department (i) accepts in writing that the Seller has successfully completed the Nominal Rating Test in accordance with the procedure set forth in subsection (c) below, or (ii) has failed to reject the results of the Nominal Rating Test within the time specified in subsection (b)(ii) below. (i) The Seller shall provide the Department ten (10) Business Days advance written notice of the date the Seller intends to conduct the Nominal Rating Test, and provide to representatives of the Department access to the Facility to monitor and observe the Nominal Rating Test. (ii) The Seller shall deliver the results of the Nominal Rating Test to the Department, by hard copy, facsimile, or other mutually agreed upon method, and the Department shall review the results of the Nominal Rating Test within ten (10) Business Days of the date of delivery thereof and shall notify the Seller, in writing, of its approval (or disapproval) and acceptance (or non-acceptance) of the results of such Nominal Rating Test, which approval the Department shall not unreasonably withhold. (iii) Should the Department fail to reject the results of the Nominal Rating Test within ten (10) Business Days of the delivery thereof, the results shall be deemed to have been accepted by the Department and the Initial Delivery Date shall be 10 business days after the delivery of the Test Report to the Department. (iv) In the event that the Department rejects the results of the Nominal Rating Test, it shall deliver to the Seller, by facsimile, within such ten (10) day period, a written notice of such rejection stating with particularity all of its reasons for it. (i) A test (“Nominal Rating Test”) shall be performed to demonstrate that the Facility can operate in a reliable sustained manner. In particular, the Nominal Rating Test shall demonstrate that the Facility (x) achieved a net demonstrated capacity of not less than 25,000 kW as measured at the electric revenue meter located on the high voltage side of the Facility switchyard transformer during a continuous four (4) hour period powered only by geothermal energy; and (y) was in compliance with all applicable permits. (ii) The Nominal Rating Test shall commence once the Facility has reached stable operation of at least 25,000 kW. The test shall be performed over a minimum continuous period of four (4) hours with data collected at 15-minute intervals. The Nominal Rating shall be the average ...

Initial Delivery Date. 3.1 The Initial Delivery Date shall be the first date upon which energy is generated by the Facility and delivered to the Company, and such energy is metered by the Company. The Initial Delivery Date under this Agreement is April 14, 2011. 3.2 Subject to the provisions of Paragraph 3.4 hereof, if the Initial Delivery Date does not occur within thirty (30) months from the date of execution of this Agreement, then the Company may at any time thereafter terminate this Agreement immediately upon written notice to Supplier. 3.3 The initial delivery of electric power is dependent upon the Company securing from the manufacturers all necessary apparatus, equipment and material for the delivery of said power, and the Company shall not be required to receive said power until it shall have secured and installed such equipment, apparatus and material. 3.4 If either Party shall be delayed or prevented from delivering or receiving electric power on the Initial Delivery Date by reason of an event or condition of force majeure as defined in Paragraph 7 hereof, then the Initial Delivery Date and the beginning of Supplier's obligation to pay Interconnection Facilities Charges pursuant to Paragraph 5.3 hereof shall be extended for a period proportionate to such delay or prevention.

Initial Delivery Date. The Company will make commercially reasonable efforts to begin to deliver electric power to the Customer on or before the 15th day of December, 2026 (the “Initial Delivery Date”); provided however, the Initial Delivery Date cannot be earlier than the termination of that certain Electric Services Agreement between the Company and BPV Power Alpha LLC dated October 15, 2021 (“BPV ESA”). However, if the Company is prevented from delivering power, or the customer from accepting power, on said date by reason of strike, stoppage of labor, riot, fire, flood, ice, adverse weather, invasion, civil war, commotion, insurrection, military or usurped power, accident, order of any Court or Judge granted in any bona fide adverse legal proceedings or action, order of any civil authority, explosion, act of God or public enemies, failure of the BPV ESA to be terminated (other than a failure caused by Company not agreeing to such termination), or any other cause reasonably beyond the control of the parties, and not attributable to neglect, then, and in such case or cases, the Initial Delivery Date of power hereunder shall be extended for a period proportionate to such delay or prevention. Notwithstanding any other provision, if Customer has failed to start accepting power within 180 days following the Initial Delivery Date, Company shall have the right to terminate this Agreement upon providing written notice to the Customer.

Initial Delivery Date. Seller shall achieve the Initial Delivery Date no later than the Guaranteed Initial Delivery Date provided, however, that the Guaranteed Initial Delivery Date shall be extended on a day-for-day basis for up to six (6) months to the extent that the Guaranteed Initial Delivery Date is delayed as a result of a Force Majeure Event. Such delayed Guaranteed‌ Initial Delivery Date shall be the Guaranteed Initial Delivery Date. Seller shall provide Buyer with notice of (i) the expected occurrence of the Initial Delivery Date no later than thirty (30) days prior thereto; and (ii) the actual Initial Delivery Date no later than five (5) Business Days prior thereto.

Initial Delivery Date. (a) After the Mechanical Completion Date but prior to the Final Completion Date, when the Facility is capable of producing Product meeting the Specifications, Supplier shall notify Purchaser and designate the date of anticipated shipment of the first quantities of Product to Purchaser (the "Initial Delivery Date"). (b) Should the Mechanical Completion Date not have occurred within the period of 12 months after the date of Financial Closing (as such period may be extended in accordance with Section 2.3), Purchaser may terminate this Agreement by notice to Supplier of intent to terminate given not less than 30 days prior to the effective date of termination; provided, however, that: i. Supplier shall have the right to extend the deadline for Mechanical Completion Date on one or more successive occasions for up to six additional months in the aggregate, by notice to Purchaser given on or prior to the initial deadline for Mechanical Completion Date or any subsequent deadline then in effect, which notice shall state that Supplier, and Supplier's contractor are diligently and in good faith working to complete the construction of the Facility to the point when the Mechanical Completion Date will be deemed to have occurred; and, ii. Termination shall not be effective if the Mechanical Completion Date occurs on or before the date termination otherwise would become effective pursuant to the notice given by Purchaser.

Initial Delivery Date. 84 The term of this Agreement shall be a minimum of 5 years when contracting for capacity 85 payments and shall begin upon the first date when energy is generated by the Facility and 86 delivered to Company and continuing for the term specified in the Rate Schedule paragraph 87 above and shall automatically extend thereafter at the as available rate unless terminated by 88 either party by giving not less than thirty (30) days prior written notice. The term shall be for 89 years and shall begin no earlier than the date Company’s Interconnection Facilities 90 are installed and are ready to accept electricity from Seller which is requested to be

Initial Delivery Date. Cogentrix agrees to make steam available to Buyer in accordance with Paragraph 2 above, and Buyer agrees to accept delivery of steam under this Agreement, within five (5) business days after Cogentrix has notified Buyer that the Cogeneration Facility is commercially operational (such date of commencement of delivery the "Initial Delivery Date"). Buyer shall have no obligations hereunder unless the Initial Delivery Date occurs on or before two (2) years six (6) months from the date of execution of this Agreement, provided that the Initial Delivery Date shall be extended by the occurrence and the continuation of an event of force majeure as defined in the succeeding sentence. As used in this Agreement, "force majeure" shall be an event by which either party shall be prevented from delivering or receiving steam by reason of or through strike, stoppage of labor, riot, fire, flood, ice, invasion, civil war, commotion, insurrection, military or usurped power, accident, order of any court or authority granted in any bona fide adverse legal proceedings or action, order of any civil authority, explosion, act of God or public enemies, or any other cause reasonably beyond the control of the parties (including Cogentrix's failure to obtain all necessary licenses and permits to construct and operate the Cogeneration Facility after diligent effort by Cogentrix), and not attributable to negligence. Notwithstanding the foregoing, in no event shall the Initial Delivery Date be extended beyond four (4) years from the date of this Agreement, except by mutual agreement of the parties in writing. Upon the failure by Cogentrix to commence such delivery or failure of Buyer to receive such steam on or before the Initial Delivery Date (as extended pursuant to this Section 3), the non-breaching party, at its option and by written notice to the other party, may declare this Agreement, the Lease and any other contractual agreements or dealings between Cogentrix and the Buyer to be immediately terminated and cancelled.

Initial Delivery Date. Seller shall achieve the Initial Delivery Date no later than the Guaranteed Initial Delivery Date, or within 365 days after the Guaranteed Initial Delivery Date if Delay Damages are paid in accordance with Section 12.4. Seller shall provide Buyer with notice of: (i) the expected occurrence of the Initial Delivery Date no later than thirty (30) days prior thereto; and (ii) the actual Initial Delivery Date no later than five (5) Business Days prior thereto.