Examples of Actual Commercial Operation Date in a sentence
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.
This Agreement, unless sooner terminated in accordance with its terms or extended pursuant to Section 2.2, shall commence on the Contract Date and terminate at 12:01 a.m. (Eastern time) on the [•]1 anniversary of the Actual Commercial Operation Date (the “Initial Term”).
The Actual Commercial Operation Date for purposes of the Agreement shall be: .
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.
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.
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.
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”).
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.
Pursuant to the Agreement: The Commercial Operation Deadline is , 20 ; The date on which Purchaser and Seller expect the System to complete Final Completion (the “Expected Commercial Operation Date”) is , 20 ; and The Installation Period shall begin on , 20 and end on the Actual Commercial Operation Date.