Common use of Milestone Schedule Clause in Contracts

Milestone Schedule. In order to meet the Expected Initial Delivery Date, Seller shall use reasonable efforts during the construction period to meet the various Project related milestones set forth in Appendix 6.01(A) (“Milestone Schedule”) and avoid or minimize any delays in meeting such Milestone Schedule. No later than the tenth (10th) day of each month while the Project has not yet met its Initial Delivery Date, or within five (5) days of SCE’s request, Seller shall deliver to SCE a monthly progress report, substantially in the form set forth in Appendix 6.01(B) (“Construction Report”), describing its progress in relation to the Milestone Schedule, including projected time to completion of any milestones, for each Generating Unit and the Project. Seller shall include in any Construction Report a list of all letters, notices, applications, approvals, authorizations and filings referring or relating to Required Permits, and shall provide any such documents as may be reasonably requested by SCE. In addition, Seller shall advise SCE, as soon as reasonably practicable, of any problems or issues of which Seller is aware which could materially impact its ability to meet the Milestone Schedule. Provision of Information. During the Term, Seller shall promptly provide SCE copies of: Within ten (10) Business Days of receipt thereof, any Interconnection Study or the interconnection agreement tendered to Seller by the PTO and, concurrently with the provision of the first Interconnection Study or interconnection agreement tendered to Seller by the PTO that may give rise to a termination right of SCE under Section 4.02, Seller shall also provide SCE a Notice of its irrevocable election to exercise or not exercise its right to assume financial responsibility for any Excess Network Upgrade Costs pursuant to Section 4.02, with a failure to provide such an election deemed to be an election not to exercise such rights; All agreements with providers of engineering, procurement, or construction services for the Project and all amendments thereto, including any EPC Contract (which may be redacted by Seller to eliminate any portions reasonably believed by Seller to contain confidential information); Any reports, studies, or assessments done for Seller by an independent engineer; and No later than twenty (20) days after each semi-annual period ending on June 30th and December 31st, a report listing all WMDVBEs that supplied goods or services to Seller during such period, including any certifications or other documentation of such WMDVBEs’ status as such and the aggregate amount paid to WMDVBEs during such period. SCE has the right to disclose to the CPUC all such information provided by Seller pursuant to this Section 6.02(d). Seller shall make reasonable efforts to accommodate requests by the CPUC (or by SCE in response to a request by the CPUC) to audit Seller in order to verify data provided by Seller pursuant to this Section 6.02(d).

Milestone Schedule. In order to meet (a) Attached as Appendix I is a milestone schedule with deadlines for the Expected Initial Delivery development of the Facility through the Commercial Operation Date (each milestone, a “Milestone” and each date, a “Milestone Date”). Until the Commercial Operation Date, Seller shall use reasonable efforts provide Buyer a report, which report shall be provided on a quarterly basis until the date that is six (6) months prior to the scheduled Commercial Operation Date, at which time, such reports shall be provided on a Monthly basis, and which shall include (i) a description of the Site plan for the Facility, (ii) a description of any planned changes to the Facility or Site plan since the previously delivered report, (iii) a bar chart schedule showing progress to achieving the remaining Milestones, (iv) a chart showing the critical path schedule of major items and activities, (v) a summary of activities at the Facility during the previous Month, (vi) a forecast of activities during the then-current Month, (vii) a list of any issues that could impact Seller’s achievement of Milestones by the applicable Milestone Dates, and (viii) pictures, in sufficient quantity and of appropriate detail, documenting construction period and startup progress with respect to meet the various Project related milestones set forth in Appendix 6.01(A) Facility. If Seller anticipates that it will not achieve a Milestone by the applicable Milestone Date (“Milestone Schedule”) and avoid or minimize any delays in meeting as such Milestone Schedule. No later than the tenth (10th) day of each month while the Project has not yet met its Initial Delivery Date, or within five (5) days of SCE’s requestdate may be extended pursuant to this Section 3.6), Seller shall promptly prepare and deliver to SCE Buyer a monthly progress report, substantially in the form remedial action plan (“Remedial Action Plan”) which shall set forth (a) the anticipated period of delay, (b) the basis for such delay, (c) an outline of the steps that Seller is taking to address the delay, (d) a proposed revised date for achievement of the applicable Milestone and (e) such other information and in Appendix 6.01(B) (“Construction Report”), describing its progress in relation to the Milestone Schedule, including projected time to completion of any milestones, for each Generating Unit and the Project. Seller shall include in any Construction Report a list of all letters, notices, applications, approvals, authorizations and filings referring or relating to Required Permits, and shall provide any such documents detail as may be reasonably requested by SCE▇▇▇▇▇. In additionExcept as set forth in Section 3.6(c), Seller shall advise SCEnot have any liability for failure to timely achieve a Milestone other than the obligation to submit a Remedial Action Plan provided, as soon as reasonably practicablehowever, that the foregoing shall not limit Buyer’s right to exercise any right or remedy available under this Agreement or at law or in equity for any other Default occurring concurrently with or before or after Seller’s delay in achievement of any problems or issues of which the applicable Milestone. (b) Each Milestone Date (other than the Outside Commercial Operation Date) shall be extended, on a day-for-day basis to the extent Seller is aware which could materially impact its ability unavoidably delayed in achieving such Milestone due to meet (i) the failure by Buyer to perform any covenant or obligation under this Agreement or (ii) Force Majeure. (c) If Seller fails to achieve any Key Milestone by the Milestone Schedule. Provision of Information. During the TermDate (as extended pursuant to Section 3.6(b)), Seller shall promptly provide SCE copies of: Within ten pay liquidated damages to Buyer in an amount equal to (10i) Business Days the number of receipt thereof, any Interconnection Study days between the Milestone Date and the date upon which such Key Milestone is achieved (or the interconnection agreement tendered to Seller Agreement is terminated by Buyer), multiplied by (ii) the PTO andapplicable daily liquidated damage amount set forth for such Key Milestone in Appendix I (the “Daily Delay Damages”), concurrently with the provision of the first Interconnection Study or interconnection agreement tendered to Seller by the PTO that may give rise subject to a termination right of SCE under Section 4.02, Seller shall also provide SCE a Notice of its irrevocable election to exercise or not exercise its right to assume financial responsibility maximum amount for any Excess Network Upgrade Costs pursuant Key Milestone equal to Section 4.02the daily damage amount in (ii) above multiplied by three hundred sixty-five (365) days, with a failure to provide such an election deemed to be an election not to exercise such rights; All agreements with providers of engineering, procurement, or construction services for the Project and all amendments thereto, including any EPC Contract (at which may be redacted by Seller to eliminate any portions reasonably believed by Seller to contain confidential information); Any reports, studies, or assessments done for Seller by an independent engineer; and No later than twenty (20) days after each semi-annual period ending on June 30th and December 31st, a report listing all WMDVBEs that supplied goods or services to Seller during such period, including any certifications or other documentation of such WMDVBEs’ status as such and the aggregate amount paid to WMDVBEs during such period. SCE has point Buyer shall have the right in its sole discretion, to disclose to the CPUC all such information provided by Seller pursuant to either (A) terminate this Section 6.02(d). Seller shall make reasonable efforts to accommodate requests by the CPUC (or by SCE in response to a request by the CPUC) to audit Seller in order to verify data provided by Seller pursuant to this Section 6.02(d).Agreement, or

Milestone Schedule. In order to meet (a) Attached as Appendix I is a milestone schedule with deadlines for the Expected Initial Delivery development of the Facility through the Commercial Operation Date (each milestone, a “Milestone” and each date, a “Milestone Date”). Until the Commercial Operation Date, Seller shall use reasonable efforts provide Buyer a report, which report shall be provided on a quarterly basis until the date that is six (6) months prior to the scheduled Commercial Operation Date, at which time, such reports shall be provided on a Monthly basis, and which shall include (i) a description of the Site plan for the Facility, (ii) a description of any planned changes to the Facility or Site plan since the previously delivered report, (iii) a bar chart schedule showing progress to achieving the remaining Milestones, (iv) a chart showing the critical path schedule of major items and activities, (v) a summary of activities at the Facility during the previous Month, (vi) a forecast of activities during the then-current Month, (vii) a list of any issues that could impact Seller’s achievement of Milestones by the applicable Milestone Dates, and (viii) pictures, in sufficient quantity and of appropriate detail, documenting construction period and startup progress with respect to meet the various Project related milestones set forth in Appendix 6.01(A) Facility. If Seller anticipates that it will not achieve a Milestone by the applicable Milestone Date (“Milestone Schedule”) and avoid or minimize any delays in meeting as such Milestone Schedule. No later than the tenth (10th) day of each month while the Project has not yet met its Initial Delivery Date, or within five (5) days of SCE’s requestdate may be extended pursuant to this Section 3.6), Seller shall promptly prepare and deliver to SCE Buyer a monthly progress report, substantially in the form remedial action plan (“Remedial Action Plan”) which shall set forth (a) the anticipated period of delay, (b) the basis for such delay, (c) an outline of the steps that Seller is taking to address the delay, (d) a proposed revised date for achievement of the applicable Milestone and (e) such other information and in Appendix 6.01(B) (“Construction Report”), describing its progress in relation to the Milestone Schedule, including projected time to completion of any milestones, for each Generating Unit and the Project. Seller shall include in any Construction Report a list of all letters, notices, applications, approvals, authorizations and filings referring or relating to Required Permits, and shall provide any such documents detail as may be reasonably requested by SCEBuyer. In additionExcept as set forth in Section 3.6(c), Seller shall advise SCEnot have any liability for failure to timely achieve a Milestone other than the obligation to submit a Remedial Action Plan provided, as soon as reasonably practicablehowever, of that the foregoing shall not limit Buyer’s right to exercise any problems right or issues of which Seller is aware which could materially impact its ability to meet the Milestone Schedule. Provision of Information. During the Term, Seller shall promptly provide SCE copies of: Within ten (10) Business Days of receipt thereof, remedy available under this Agreement or at law or in equity for any Interconnection Study or the interconnection agreement tendered to Seller by the PTO and, other Default occurring concurrently with the provision or before or after Seller’s delay in achievement of the first Interconnection Study or interconnection agreement tendered to Seller by the PTO that may give rise to a termination right of SCE under Section 4.02, Seller shall also provide SCE a Notice of its irrevocable election to exercise or not exercise its right to assume financial responsibility for any Excess Network Upgrade Costs pursuant to Section 4.02, with a failure to provide such an election deemed to be an election not to exercise such rights; All agreements with providers of engineering, procurement, or construction services for the Project and all amendments thereto, including any EPC Contract (which may be redacted by Seller to eliminate any portions reasonably believed by Seller to contain confidential information); Any reports, studies, or assessments done for Seller by an independent engineer; and No later than twenty (20) days after each semi-annual period ending on June 30th and December 31st, a report listing all WMDVBEs that supplied goods or services to Seller during such period, including any certifications or other documentation of such WMDVBEs’ status as such and the aggregate amount paid to WMDVBEs during such period. SCE has the right to disclose to the CPUC all such information provided by Seller pursuant to this Section 6.02(d). Seller shall make reasonable efforts to accommodate requests by the CPUC (or by SCE in response to a request by the CPUC) to audit Seller in order to verify data provided by Seller pursuant to this Section 6.02(d)applicable Milestone.

Milestone Schedule. In order to meet the Expected Initial Delivery Date, Seller shall use reasonable efforts during the construction period to meet the various Project related construction milestones set forth in Appendix 6.01(A5.1(A) (“Milestone Schedule”) and avoid or minimize any delays in meeting such Milestone Schedule. No later than the tenth (10th) day of each month while the Project DR Resource has not yet met its Initial Delivery Date, or within five (5) days of SCE’s request, Seller shall deliver to SCE a monthly progress report, substantially in the form set forth in Appendix 6.01(B5.1(B) (“Construction Report”), describing its progress in relation to the Milestone Schedule, including projected time to completion of any milestones, for each Generating Storage Unit and the Project. Seller shall include in any Construction Report a list of all letters, notices, applications, approvals, authorizations and filings referring or relating to Required Permits, and shall provide any such documents as may be reasonably requested by SCE. In addition, Seller shall advise SCE, as soon as reasonably practicable, of any problems or issues of which Seller is aware which could materially impact its ability to meet the Milestone Schedule. Provision of Information. During the Term, Seller shall promptly provide SCE copies of: Within ten (10) Business Days of receipt thereof, any Interconnection Study or the interconnection agreement tendered to Seller by the PTO and, concurrently with the provision of the first Interconnection Study or interconnection agreement tendered to Seller by the PTO that may give rise to a termination right of SCE under Section 4.02, Seller shall also provide SCE a Notice of its irrevocable election to exercise or not exercise its right to assume financial responsibility for any Excess Network Upgrade Costs pursuant to Section 4.02, with a failure to provide such an election deemed to be an election not to exercise such rights; All agreements with providers of engineering, procurement, or construction services for the Project and all amendments thereto, including any EPC Contract (which may be redacted by Seller to eliminate any portions reasonably believed by Seller to contain confidential information); Any reports, studies, or assessments done for Seller by an independent engineerengineer for the Project; and No later than twenty (20) days after each semi-annual period ending on June 30th and or December 31st, a report listing all WMDVBEs that supplied goods or services to Seller during such period, including any certifications or other documentation of such WMDVBEs’ status as such and the aggregate amount paid to WMDVBEs during such period. SCE has the right to disclose to the CPUC all such information provided by Seller pursuant to this Section 6.02(d5.2(c). Seller shall make reasonable efforts to accommodate requests by the CPUC (or by SCE in response to a request by the CPUC) to audit Seller in order to verify data provided by Seller pursuant to this Section 6.02(d5.2(c).