Common use of Remediation Clause in Contracts

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) In the event the Seller determines that a Remediation Event could or may affect, implicate or impact other Sites, in addition to the Site where the Remediation Event occurred (as applicable), then Seller shall also identify such other effects, implications or impacts on the other Sites and include in the Safety Remediation Plan a plan to address or resolve the circumstances of the Remediation Event at such other Sites. Further, if the Remediation Event is an occurrence of an Exigent Circumstance with respect to a Site, then Seller shall not deliver and Buyer will not accept, Product from such Site(s) until such Remediation Event is resolved in accordance with this Section 12.4. (ii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇Buyer’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller Buyer covenants and agrees that it shall resolve any cause the work described on Exhibit M attached hereto (the “Remediation Event within the Remediation Period. Within ten (10Project”) days of the date of the first occurrence of any Remediation Event, Seller shall provide to be performed by a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review duly licensed and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, experienced contractor selected in accordance with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by BuyerSection 8.7(b). (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation within Buyer shall solicit bids for the Remediation Period is a material breach of this AgreementProject from contractors and Buyer, in its sole and absolute discretion, may select any bidding contractor to complete the Remediation Project (the “Remediation Contractor”); provided, howeverthat, that Buyer shall (i) promptly notify Seller may request to extend after selecting the Remediation Period Contractor and (ii) timely provide to Seller any invoices received by up to ninety Buyer from the Remediation Contractor in connection with the Remediation Project. (90c) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension The costs of the Remediation Period Project payable to the Remediation Contractor shall be borne fifty percent (50%) by Seller and fifty percent (50%) by Buyer, pari passu, until such time as the total cost incurred in connection with the Remediation Work is equal to Twelve Million Dollars ($12,000,000). Any costs in excess of up Twelve Million Dollars ($12,000,000) incurred in connection with the Remediation Project shall be the sole responsibility of Buyer. Notwithstanding the foregoing, Seller shall have no obligation to ninety (90) days, which reimburse Buyer may approve in its sole discretion. The Remediation Period will not, under for any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of Seller’s share of the costs incurred in connection with the Remediation Event. The number of days Project until such time as the Remediation Contractor has completed the Remediation Project and has provided evidence reasonably acceptable to Seller of the Buyer Remediation Review Period shall not be included in calculating the number of days same and of the Remediation Period. costs in respect thereof. (d) The Initial Delivery Date provisions of this Section 8.7 shall not occur during a Remediation Periodsurvive the Closing.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation Attestations to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an AttestationAttestations, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation Attestations within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may submit a written request to Buyer to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may submit a written request to Buyer for an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Buyer’s Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period. (i) If the occurrence of a Remediation Event involves physical damage to the Project that causes the Product delivered from the Project, as demonstrated by the Confirmed Quantity, to average less than fifty percent (50%) of the Payment Quantity over the initial ninety (90) day Remediation Period, then, for any additional Remediation Period approved by Buyer between ninety (90) days after the first occurrence of a Remediation Event and two-hundred and seventy (270) days from the first occurrence of the Remediation Event, and to the extent the physical damage to the Project during such Remediation Event continues to cause the Product delivered from the Project, as demonstrated by the Confirmed Quantity, to average less than fifty percent (50%) of the Payment Quantity over a thirty (30) day period, the Energy Settlement pursuant to Section 6.2 shall be calculated based on the Confirmed Quantity (FQm) rather than the Payment Quantity (PQm).

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) . If the Remediation Event is an occurrence of an Exigent Circumstance with respect to the Facility or the Site, then Seller shall not deliver and Buyer will not accept, Product from the Facility until such Remediation Event is resolved in accordance with this Section 6.5. Following the occurrence of any Remediation Event, Seller shall also provide an Attestation attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, cooperate with Buyer in order for Seller to provide an Attestationattestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) ▇▇▇▇▇. Seller’s failure to resolve a Remediation Event, other than due to the occurrence of a Force Majeure Event as described in this Section 6.5(d)(iv), by obtaining ▇▇▇▇▇Buyer’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, provided that that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Except as the result of a Force Majeure Event, the Remediation Period will not, under any circumstance, not continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Commercial Operation Date shall not occur during a Remediation Period. If Seller provides Notice to Buyer, in compliance with Section 10.3, demonstrating that a Remediation Event is a Force Majeure Event, and that Seller’s ability to resolve the Remediation Event is prevented by the Force Majeure Event, then the Remediation Period shall be extended on a day-for-day basis until Seller is no longer prevented from resolving the Remediation Event by the Force Majeure Event. This Section does not limit, reduce, or otherwise modify any rights of remedies of Buyer under any other provisions of this Agreement.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) In the event the Seller determines that a Remediation Event could or may affect, implicate or impact other Sites, in addition to the Site where the Remediation Event occurred (as applicable), then Seller shall also identify such other effects, implications or impacts on the other Sites and include in the Safety Remediation Plan a plan to address or resolve the circumstances of the Remediation Event at such other Sites. Further, if the Remediation Event is an occurrence of an Exigent Circumstance with respect to a Site, then Seller shall not deliver and Buyer will not accept, Product from such Site(s) until such Remediation Event is resolved in accordance with this Section 12.4. (ii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) In the event the Seller determines that a Remediation Event could or may affect, implicate or impact other Sites, in addition to the Site where the Remediation Event occurred (as applicable), then Seller shall also identify such other effects, implications or impacts on the other Sites and include in the Safety Remediation Plan a plan to address or resolve the circumstances of the Remediation Event at such other Sites. Further, if the Remediation Event is an occurrence of an Exigent Circumstance with respect to a Site, then Seller shall not deliver and Buyer will not accept Product from such Site(s) until such Remediation Event is resolved in accordance with this Section 12.4. (ii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-two- hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may submit a written request to Buyer to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may submit a written request to Buyer for an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Buyer’s Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation Attestations to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an AttestationAttestations, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation Attestations within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may submit a written request to Buyer to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may submit a written request to Buyer for an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Buyer’s Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) In the event the Seller determines that a Remediation Event could or may affect, implicate or impact other Sites, in addition to the Site where the Remediation Event occurred (as applicable), then Seller shall also identify such other effects, implications or impacts on the other Sites and include in the Safety Remediation Plan a plan to address or resolve the circumstances of the Remediation Event at such other Sites. Further, if the Remediation Event is an occurrence of an Exigent Circumstance with respect to a Site, then Seller shall not deliver and Buyer will not accept, Product from such Site(s) until such Remediation Event is resolved in accordance with this Section 12.4. (ii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-two- hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (ai) Seller shall make commercially reasonable efforts to resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (iii) If the Remediation Event is an occurrence of an Exigent Circumstance with respect to the Project or the Site, then Seller shall not deliver and Buyer will not accept, Product from the Project until such Remediation Event is resolved in accordance with this Section 6.5. (iii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation attestation to Buyer for Buyer’s review and acceptancereview. Seller shall cooperate, and cause each of its Contractors to cooperate, cooperate with Buyer in order for Seller to provide an Attestationattestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by ▇▇▇▇▇. Within thirty (30) days of receiving an attestation from Seller, Buyer may provide Seller with a Notice that identifies any deficiencies in the attestation. Seller shall provide a revised attestation responding to the identified deficiencies within thirty (30) days of receiving such Notice from Buyer. (biv) Seller’s failure to resolve a Remediation Event, other than due to the occurrence of a Force Majeure Event by obtaining ▇▇▇▇▇’s written acceptance of the Attestation as described in this Section 6.5(d)(iv), within the Remediation Period is a material breach of this Agreement; provided, however, provided that that Seller may request to extend the Remediation Period by up to ninety (90) days, or if the Remediation Event is not reasonably capable of being resolved within such ninety (90) day period, then Seller may request to extend the Remediation Period by such reasonable period. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Except as the result of a Force Majeure Event, the Remediation Period will not, under any circumstance, not continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Commercial Operation Date shall not occur during a Remediation Period. If Seller provides Notice to Buyer, in compliance with Section 10.3, demonstrating that a Remediation Event is a Force Majeure Event, and that Seller’s ability to resolve the Remediation Event is prevented by the Force Majeure Event, then the Remediation Period shall be extended on a day-for-day basis until Seller is no longer prevented from resolving the Remediation Event by the Force Majeure Event. This Section does not limit, reduce, or otherwise modify any rights of remedies of Buyer under any other provisions of this Agreement.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining ▇▇▇▇▇Buyer’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-two- hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.