Common use of Initial Operation Clause in Contracts

Initial Operation. Initial operation of the Generating Facility (“Initial Operation”) shall, if the Generating Facility and Seller meet the requirements of this Section 2.04(b), be deemed to have occurred on the date selected by Seller (the “Initial Operation Date”) to begin delivering Product to, or for the account of, SCE at that Energy Price set forth in Section 1.06(b). Seller shall provide at least three (3) Business Days advance Notice to SCE of the Initial Operation Date. The Initial Operation Date shall occur no later than sixty (60) days from Initial Synchronization. As of the Initial Operation Date, each of the following conditions must have been met: (i) SCE has obtained or waived CPUC Approval; (ii) Seller has obtained CEC Pre-Certification; (iii) Seller has obtained all access and use rights for the Site in accordance with Section 2.02(d); (iv) Seller has obtained Permit Approval; (v) Seller shall have complied with all of the requirements of Section 2.02(b); (vi) BPA has authorized the Scheduling Agent to Schedule the electric energy produced by the Generating Facility; (vii) Seller shall have installed and placed in operation the stand-alone meteorological station required under Section 3.22; (viii) Seller has complied with all of the requirements set forth in Section 3.10(b); (ix) Seller shall be Forecasting and delivering electric energy from the Generating Facility at the Delivery Point; (x) Seller has posted with SCE the Performance Assurance required under Section 1.07 and Section 8.02; (xi) SCE and Seller have executed all subordinated security interest and mortgage documents required by Section 8.04; and (xii) At least twenty (20) Wind Turbines shall be commissioned and Operating in parallel with the BPA Grid.

Initial Operation. Initial operation of the Generating Facility (“Initial Operation”) shall, if the Generating Facility and Seller meet the requirements of this Section 2.04(b), Operation shall be deemed to have occurred been achieved on the date selected by Seller (the “Initial Operation Date”) to begin delivering Product to, or for the account of, SCE at that Energy Price set forth in Section 1.06(b). Seller shall provide at least three (3) Business Days advance Notice to SCE of the Initial Operation Date. The Initial Operation Date shall occur be no later than sixty one hundred twenty (60120) days from Initial Synchronization. As of In addition, on or prior to the Initial Operation Date, each of the following conditions must have been met: (i) SCE has shall have obtained or waived CPUC Approval, as provided herein; (ii) Seller has obtained CEC Pre-Certificationshall have met all conditions for Initial Synchronization to occur, as set forth in Section 3.11(b); (iii) Seller has obtained all access and use rights for the Site in accordance with Section 2.02(d); (iv) Seller has obtained Permit Approval; (v) Seller shall have complied with all of caused the requirements of Section 2.02(b); (vi) BPA has authorized the Scheduling Agent CAISO to authorize SCE to Schedule the electric energy produced by the Generating Facility with the CAISO as of Initial Synchronization (provided that SCE shall have assisted in Seller’s efforts to have SCE authorized as the Scheduling Coordinator for the Generating Facility); (iv) Seller shall have posted with SCE the Performance Assurance required under Section 8.02 in the amount set forth in Section 1.07; (v) SCE and Seller shall have executed all Security Documents required by Section 8.04; (vi) The Generating Facility shall be Operating in parallel with the applicable Transmission Provider’s electric system; (vii) Seller shall be Forecasting to SCE; and (viii) Seller shall have installed and placed in operation the stand-alone meteorological station required under Section 3.22; (viii) Seller has complied with all of the requirements set forth in Section 3.10(b3.06(g); (ix) Seller shall be Forecasting and delivering electric energy from the Generating Facility at the Delivery Point; (x) Seller has posted with SCE the Performance Assurance required under Section 1.07 and Section 8.02; (xi) SCE and Seller have executed all subordinated security interest and mortgage documents required by Section 8.04; and (xii) At least twenty (20) Wind Turbines shall be commissioned and Operating in parallel with the BPA Grid.