Common use of Maximum Allowable Extension Clause in Contracts

Maximum Allowable Extension. Notwithstanding anything in this Agreement to the contrary, the Initial Delivery Deadline may not be later than [Date] (the “Guaranteed Delivery Deadline”). {SCE Drafting Note: The inserted date will be the date that corresponds with the Initial Delivery Deadline plus an additional 6 months.} In no event may Seller extend the Initial Delivery Deadline beyond the Guaranteed Delivery Deadline as a result of the failure to obtain Permits, or by payment of Daily Delay Liquidated Damages, or any combination thereof. CPUC Approval. Within ninety (90) days after the Effective Date, SCE shall file with the CPUC the appropriate request for CPUC Approval. SCE shall expeditiously seek CPUC Approval, including promptly responding to any requests for information related to the request for CPUC Approval. As requested by SCE, Seller shall use commercially reasonable efforts to support SCE in obtaining CPUC Approval. SCE has no obligation to seek rehearing or to appeal a CPUC decision which fails to approve this Agreement or which contains findings required for CPUC Approval with conditions or modifications unacceptable to SCE. Either Party has the right to terminate this Agreement on Notice, if (i) CPUC Approval has not been obtained or waived by SCE in its sole discretion within one-hundred and eighty (180) days after SCE files its request for CPUC Approval and (ii) a Notice of termination is given on or before the date CPUC Approval is obtained. Failure to obtain CPUC Approval in accordance with this Section 2.07 will not be deemed to be a failure of Seller to install the Project or a failure of SCE to purchase or receive the Product, and will not be or cause an Event of Default by either Party. BILLING AND PAYMENTS Invoicing Process. By the Invoice Date, the Invoicing Party shall issue an invoice for the payment obligations, if any, incurred hereunder during the previous Invoice Calculation Period together with all supporting documentation and calculations reasonably necessary to evidence all amounts charged thereunder. An invoice can only be adjusted or amended after it was originally rendered within the time frames set forth in Section 3.03. If an invoice required to be rendered by Seller is not rendered, or if SCE is incapable of rendering an invoice due to the actions or inactions of Seller, within twelve (12) months after the close of an Invoice Calculation Period, Seller’s right to any payment for that Invoice Calculation Period under this Agreement is waived. Timeliness of Payment. Payments under this Agreement will be made no later than the applicable Payment Date for each invoice by[ issuing bill credits to Customers,] {SCE Note: ECR Projects Only} ACH or similar method, or by other mutually agreeable methods, to the account designated by the Party to which payment is owed. Any payment made after such Payment Date[, excluding bill credits to Customers,] {SCE Note: ECR Projects Only} shall include an Interest Payment. The Parties acknowledge that data necessary to calculate certain payment obligations of SCE and Seller under this Agreement may not be available at the time the Invoicing Party issues the invoice[ or bill credit] {SCE Note: ECR Projects Only} with respect to a particular month. Any such payment obligations, including related documentation supporting such obligations, shall be included in a subsequent invoice on or before the last Business Day of the month following the month that is the later of (x) one hundred and twenty (120) days following the last day of the calendar month to which the data relates or (y) thirty (30) days after the relevant CAISO final settlement data is available.