Examples of Actual Commercial Operation Date in a sentence
Seller warrants that, on and following the Actual Commercial Operation Date and throughout the Term, the System, its engineering, design, and installation, its components and related work, shall be free from material defects caused by errors or omissions in design, engineering, and installation.
Commencing with the first Billing Month and for each Billing Month thereafter, Purchaser shall pay to Seller the Monthly Fee for Services properly performed pursuant to the terms of this Agreement and in accordance with the calculation set forth in Section 10.2. During the period between the Contract Date and the Actual Commercial Operation Date, Seller shall receive no compensation hereunder, and no compensation shall accrue whatsoever.
Seller acknowledges and agrees that its pricing and amounts payable by Purchaser hereunder takes into account any and all Services performed, including any such services performed by its Subcontractors, and all liability incurred by Seller in satisfying all obligations during the period between the Contract Date and the Actual Commercial Operation Date.
In the event that WREGIS is not in operation as of the Actual Commercial Operation Date, Seller shall perform its obligations, as required under this Section as soon as WREGIS is in operation.
Beginning on the Actual Commercial Operation Date and during each Billing Year throughout the Term, Seller guarantees to deliver Output to Purchaser not less than ninety percent (90%) of the Annual Contract Quantity (in kWh) for such Billing Year, as adjusted by the Site Adjustment Factor (the “Output Guarantee”).
The Actual Commercial Operation Date for purposes of the Agreement shall be: .
Beginning on the Actual Commercial Operation Date and continuing throughout the Term, Seller shall sell and deliver at the Delivery Point, and Purchaser shall purchase and accept from Seller at the Delivery Point, all of the Output generated by the System and which is actually consumed by Purchaser at the Project Site; provided, however, in no event shall Purchaser be required to purchase Output in excess of the amount allowable under the PPA Pilot Program Requirements.
Beginning on the Actual Commercial Operation Date and during each Billing Year throughout the Term, Seller guarantees to deliver Output to Purchaser not less than [•] percent ([•]%) of the Annual Contract Quantity (in kWh) (the “Output Guarantee”).
On or before the Day that is [five (5)] Business Days after the Date on which Seller believes that Final Completion has been achieved, Seller shall submit to Purchaser a Final Completion Certificate, along with all documentation necessary for Purchaser to determine if Final Completion has been achieved and indicating Seller’s proposed Actual Commercial Operation Date.
Buyer may exercise this right on an annual basis by giving Seller notice at least ninety (90) days prior to the following anniversary of the Actual Commercial Operation Date and paying the Seller the Buyout Payment on or before the anniversary of the Actual Commercial Operation Date.