Initial Delivery Date Clause Samples

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

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. 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 the day of , 20 3.2 Subject to the provisions of Paragraph 3.4 hereof, if the Initial Delivery Date does not occur within thirty (30) months fiom 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 fiom 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. (a) The Initial Delivery Date is January 1, 2010 [2011]. The Seller represents and warrants to the Buyer as of the Initial Delivery Date: (i) The Facility includes the equipment and characteristics as described in Appendix II, which can reasonably be expected to enable Seller to satisfy the obligations of the Seller herein. (ii) The Electrical Interconnection Facilities are capable of delivering the Maximum Contract Capacity to and at the Electrical Delivery Point during each month (in addition to any other output of the Facility as the Electric Interconnection Facilities are required to transmit) and are placed into service, in each case, in accordance with the requirements of the interconnecting transmission owner and/or operator, and applicable rules, if any, of FERC, Transmission Provider, WECC and any other organization charged with reliability responsibilities or Governmental Authority. (iii) Any and all Transmission Upgrades required to enable the grid to accept delivery of the Maximum Contract Capacity (in addition to any other output of the Facility) at all times during each month, are constructed and placed into service. (iv) The Fuel Handling Facilities, [including the Gas Interconnection Facilities] as necessary to deliver [Gas to and at the Gas Delivery Point] in quantities [and at pressures] that enable the Units to generate Energy utilizing the Maximum Contract Capacity at all times during each month (in addition to such other quantities of Fuel as the Fuel Handling Facilities are required to deliver to the Facility), are constructed and placed into service. [For Gas fired facilities, include bracketed language. For other fossil-fuel fired facilities, substitute “Fuel” for the phrase “Gas to and at the Gas Delivery Point” and omit all other bracketed language. For renewable facilities, omit this provision if not applicable.] (v) All Governmental Approvals required for the lawful operation and maintenance of the Facility, inclusive of the Electrical Interconnection Facilities [and Fuel Handling Facilities], including all those related to environmental matters, as necessary to permit each Unit to operate according to the specifications described in Appendix II have been received and are in full force and effect and Seller possesses emission credits necessary for such operation of the Units. [For renewable facilities, omit bracketed language, if not applicable.] (vi) A WECC Reliability Management System Agreement, which shall be in full force a...

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. A. The parties will begin to deliver and receive steam under this Agreement within five (5) business days after O'Brien has notified Du Pont that the Facility is commercially operational (such date of commencement of delivery is herein referred to as the "Initial Delivery Date"). O'Brien represents that the Initial Delivery Date shall be on or before November 30, 1989, provided that the Initial Delivery Date shall be extended by the occurrence and the continuation of an event of Force Majeure as defined in Article 7 below. Should O'Brien fail to commence delivery of steam by the Initial Delivery Date (or the Extended Initial Delivery Date as a result of an event of Force Majeure), O'Brien agrees to pay Du Pont as liquidated damages a sum equal to the difference between what Du Pont would have had to pay to produce steam for itself and the price which Du Pont is obligated to pay under this Agreement. These liquidated damages shall be calculated pursuant to the formula set out in Exhibit C. In lieu of accepting these liquidated damages, or in the event that O'Brien should fail to pay them, Du Pont shall have the right to pursue all available remedies at law or in equity. B. At least six months prior to the Initial Delivery Date, O'Brien shall deliver to Du Pont steam from the back-up boiler which will allow Du Pont to evaluate the steam condensate from that boiler. With respect to condensate from the steam turbine and heat recovery boiler systems, Du Pont's evaluation will begin at start up and be completed within three months after the Initial Delivery Date.

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 the SECOND DAY OF APRIL, 1997. 3.2 The Initial Delivery Date must occur no later than 30 months from the date of execution of this Agreement. 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.