Common use of Milestone Dates Clause in Contracts

Milestone Dates. Seller shall achieve each Guaranteed Project Milestone Date or Reporting Milestone Date, subject (to the extent applicable) to the following extensions: if the PUC Approval Order Date occurs more than one hundred eighty (180) Days after the Execution Date, Seller and Company shall be entitled to an extension of the Guaranteed Project Milestone Dates, Reporting Milestone Dates, Seller’s Conditions Precedent Dates and Company Milestone Dates equal to the number of Days that elapse between the end of the aforesaid 180-Day period and the PUC Approval Order Date; provided, that in no event will the Guaranteed Commercial Operations Date be extended beyond [OUTSIDE DATE TO BE INSERTED BASED ON TYPE OF PROPOSAL]; if the failure to achieve a Construction Milestone by the applicable Guaranteed Project Milestone Date or Reporting Milestone Date is the result of Force Majeure (which, for purposes of this Section 11.4(b) excludes any delay in obtaining the PUC Approval Order because that contingency is addressed in Section 11.4(a) above), and if and so long as the conditions set forth in Section 17.4 (Satisfaction of Certain Conditions) are satisfied, such Guaranteed Project Milestone Date or Reporting Milestone Date shall be extended by a period equal to the lesser of three hundred sixty-five (365) Days or the duration of the delay caused by the Force Majeure; or 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, including achievement of its Company Milestones by the Company Milestone Dates as set forth on Attachment K-1 (Seller's Conditions Precedent and Company Milestones), as such dates may be extended in accordance with Section 11.4 (Milestone Dates) and Section 11.5 (Company Milestones), Seller shall, provided Seller has satisfied Seller’s Conditions Precedent set forth in Attachment K-1 (Seller’s Conditions Precedent and Company Milestones) by the respective Seller’s Conditions Precedent Date set forth in said Attachment K-1, be entitled to an extension of 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 extension on the terms described above shall be Seller’s sole remedy for any such failure by Company. For purposes of this Section 11.4(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.

Milestone Dates. Seller shall achieve each Guaranteed Project Milestone Date or Reporting Milestone Date, subject (to the extent applicable) to the following extensions: if the PUC Approval Order Date occurs more than one hundred eighty (180) Days after the Execution Date, Seller and Company shall be entitled to an extension of the Guaranteed Project Milestone Dates, Reporting Milestone Dates, Seller’s Conditions Precedent Dates and Company Milestone Dates equal to the number of Days that elapse between the end of the aforesaid 180-Day period and the PUC Approval Order Date; provided, that in no event will the Guaranteed Commercial Operations Date be extended beyond [OUTSIDE DATE TO BE INSERTED BASED ON TYPE OF PROPOSAL]; if the failure to achieve a Construction Milestone by the applicable Guaranteed Project Milestone Date or Reporting Milestone Date is the result of Force Majeure (which, for purposes of this Section 11.4(b) excludes any delay in obtaining the PUC Approval Order because that contingency is addressed in Section 11.4(a) above), and if and so long as the conditions set forth in Section 17.4 (Satisfaction of Certain Conditions) are satisfied, such Guaranteed Project Milestone Date or Reporting Milestone Date shall be extended by a period equal to the lesser of three hundred sixty-five (365) Days or the duration of the delay caused by the Force Majeure; or 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, including achievement of its Company Milestones by the Company Milestone Dates as set forth on Attachment K-1 (Seller's Conditions Precedent and Company Milestones), as such dates may be extended in accordance with Section 11.4 (Milestone Dates) and Section 11.5 (Company Milestones), Seller shall, provided Seller has satisfied Seller’s Conditions Precedent set forth in Attachment K-1 (Seller’s Conditions Precedent and Company Milestones) by the respective Seller’s Conditions Precedent Date set forth in said Attachment K-1, be entitled to an extension of such Guaranteed Project Milestone Date shall be extended by a period equal to the duration of the period of delay directly caused by such failure in Company’s timely performance. Such extension on the terms described above shall be Seller’s sole remedy for any such failure by Company. For purposes of this Section 11.4(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.