Project Validation. In the event that a Validation Statement has not been issued in respect of the Specified Project as at the Effective Date the Seller shall take all steps reasonably necessary and at its own cost to procure that a Validation Statement is issued in respect of the Specified Project, and that as soon as reasonably practicable after completion of the Establishment Works in accordance with the provisions of Clause 11 and in accordance with the provisions of the Governing Code and in any event before the Validation Longstop Date (if any). The Seller shall at its own cost comply with all guidance and requirements contained in the Governing Code insofar as relating to the process of Validation, including without prejudice to that generality, guidance and requirements relating to appointment of a Validation Body, preparation and completion of documents and supporting evidence, instructing and completing surveys and responding to (and complying with) requests from the Validation Body and/or Carbon Oversight Authority for further information, clarification or corrective actions. The Seller shall provide the Buyer with regular updates at least quarterly or at such other frequency as the Parties shall agree on its progress in procuring that a Validation Statement is issued in respect of the Specified Project The Seller shall confirm to the Buyer the date on which each Validation Statement is issued and shall evidence to the Buyer as soon as reasonably practicable after a Validation Statement has been issued (such evidence to include evidence of the Validated Units) and in any event within 10 Business Days of issuance and in the event that the request for Validation is rejected for any reason then the Seller shall notify the Buyer of that as soon as reasonably practicable after such rejection and in any event within 10 Business Days thereof, along with details of the reason for such rejection and the Seller's proposals for addressing those as part of its re-application. Rejection of a request for Validation shall not affect the Seller's obligations under this Clause 6. Subject to Clause 6.5, if the Seller has not evidenced to the Buyer that a Validation Statement has been issued (such evidence to include evidence of the Validated Units) in respect of a Specified Project on or before the Validation Longstop Date, the Buyer may (subject to and in terms of Clause 14.3) terminate this Agreement. The Buyer may not terminate this Agreement in terms of Clause 6.4 (but without prejudice to the rights of the Buyer in terms of the remainder of this Agreement) after the Validation Certificate for the Specified Project has been issued. If this Agreement is terminated under Clause 6.4, it shall cease to have any further effect and no compensation or other liability shall be due to either Party other than (a) in respect of any breach of the Agreement arising prior to the termination and (b) in terms of Clause 15.
Appears in 6 contracts
Sources: Pending Issuance Unit Purchase Agreement, Carbon Unit Purchase Agreement, Pending Issuance Unit Purchase Agreement