Reduced Facility Size Sample Clauses

Reduced Facility Size. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements for the Commercial Operation Date under Section 3.4(b) of this Agreement but there is a Capacity Deficiency on the Commercial Operation Date, then at least thirty (30) days prior to the anticipated Commercial Operation Date, Seller shall provide written notice to Buyer as to whether it is electing to exercise the Capacity Downsize Option and/or to continue with the Additional Construction Period, each as described in Section 3.4. Upon the written notice from the Seller of an election to exercise the Capacity Downsize Option or upon delivery of the Additional Construction IE Certificate with an Actual Facility Size that is less than the Expected Nameplate Capacity (as adjusted to reflect any previous election of the Capacity Downsize Option), as applicable, and the payment of Capacity Deficiency Damages under Section 3.4(g), the Contract Maximum Amount shall be automatically and permanently reduced commensurate with the Actual Facility Size, which reduced Contract Maximum Amount shall be stated in a notice from Buyer to Seller, which notice shall be binding absent manifest error.
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Related to Reduced Facility Size

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  • As-Built Drawings Within thirty (30) Days of the successful completion of the Acceptance Test, Seller shall provide for Company review a set of the proposed as‑built drawings for the Company-Owned Interconnection Facilities constructed by Seller (and/or its Contractors). Within thirty (30) Days of Company's receipt of the proposed as‑built drawings, Company shall provide Seller with either (i) its comments on the proposed as‑built drawings or (ii) notice of acceptance of the proposed as‑built drawings as final as‑built drawings. If Company provides comments on the proposed as‑built drawings, Seller shall incorporate such comments into a final set of as‑built drawings and provide such final as‑built drawings to Company within twenty (20) Days of Seller's receipt of Company's comments.

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