Seller Facility Development Obligations Clause Samples

Seller Facility Development Obligations. (a) Seller will provide the Products for the Transaction from the Facility. The Facility will be constructed at Linden, NJ, on a site described more fully in Exhibit 6A (the “Site”), in accordance with the design set forth in Exhibit 6B (“Design”). Seller provide to NYPA notice of any material change in the Site or Design after the Effective Date. Seller shall keep NYPA reasonably apprised of Seller’s progress toward completion of the Facility and qualification with the NYISO for the delivery of Products. Seller shall furnish NYPA with copies of monthly progress reports provided by ▇▇▇▇▇▇’s principal contractor for construction of the Facility, or summaries thereof in a mutually-agreed format, and will keep NYPA apprised of the probable date for commencement of Commercial Operation. (b) The Facility is expected to be in service, with all required interconnections, arrangements and authorizations necessary to commence providing the Products required under the Confirmation (such status “Commercial Operation”) by June 1, 2016 (the “Target Commercial Operation Date”). Seller represents and warrants that it has or will obtain by the Target Commercial Operation Date (i) all necessary rights to real property necessary for development and operation of the Facility, (ii) all other necessary consents, permits, approvals, certificates, authorizations and arrangements, required from all governmental or regulatory agencies or authorities or the NYISO necessary for development, interconnection and operation of the Facility (“Consents”), and (iii) the financial capability to proceed and complete the development of the Facility. (c) For purposes of this Agreement, the date on which the Facility commences Commercial Operation (the “Commercial Operation Date”) shall be the first day of the Month following the date on which Seller provides to NYPA documentation (the “COD Notice”) confirming that the Facility is: (i) completed and commercially operational in accordance with the Design (including, as applicable, fuel delivery facilities and interconnections), (ii) interconnected (including electrically interconnected) at the Delivery Point, (iii) in compliance with all applicable laws, regulations, Consents or other governmental requirements, excluding only such non-material non-compliance as would not result, either at the Commercial Operation Date or thereafter with the passage of time, in any impairment of Seller’s ability to perform its obligations under the Transaction, (...