Commercially Operable definition

Commercially Operable with respect to the Project, is a condition occurring after such time as Mechanical Completion has occurred, commissioning is complete, and the Project has been released by the EPC Contractor to Seller for commercial operations.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Commercially Operable with respect to any Unit, is a condition occurring after such time as Mechanical Completion has occurred, commissioning is complete, the Unit has been shown by an Initial Capacity Test, adjusted to ISO Conditions or Peak July Conditions as applicable, to be capable of delivering at least 98% of the Design Capacity as set forth in Appendix II or July Design Capacity, respectively, to the grid on a sustained basis, and the Unit has been released by the contractor to Seller for commercial operations. “Commercial Operation Date” the date on which each and every Unit at the Facility has become Commercially Operable.

Commercially Operable with respect to the Project, is a condition occurring after such time as Mechanical Completion has occurred, commissioning is complete, and the Project is capable of Commercial Operation, as such term is defined in the CAISO Tariff.

Examples of Commercially Operable in a sentence

Within sixty (60) days of completion of a Project Modification, Seller shall certify that the Project is Commercially Operable by providing Buyer a signed Project Modification Certification, as found at Appendix VII-E.
The Initial Performance Test will be used to determine whether Seller has met the criteria to be declared Commercially Operable.
Under the terms of the PSA between Public Service and Southwest Generation (included as part of the Company’s direct case as Highly Confidential Attachment JWI- 2), the term Commercially Operable is a defined term and refers to certain activities that Southwest Generation must undertake and demonstrate to Public Service that the facility is operable.
Seller shall cause the development and construction of the Facility to meet each of the following (“Critical Milestones)” by the date set forth: (i) Site control: [__/__/____] (ii) Execution of interconnection agreement(s): [__/__/____] Seller shall cause the Facility to become Commercially Operable on or before the Commercial Operation Deadline.
During the Term, in the event that Seller, or its Affiliates or Contractors performs a Material Project Modification pursuant to Section Three.3, Seller shall certify, within sixty (60) days of completion of such Material Project Modification, that the Project is Commercially Operable by providing Buyer a signed certification in the form attached hereto as Appendix VI-B for Buyer’s review.

More Definitions of Commercially Operable

Commercially Operable with respect to the Facility, is a condition occurring after such time as Mechanical Completion has occurred, commissioning is complete, the Facility has been shown by an Initial Performance Test, adjusted to ISO Conditions, to be capable of delivering at least ninety-nine percent (99%) of the Design Capacity as set forth in Appendix II to the grid on a sustained basis, and the Facility (including each and every Unit) has been released by the EPC Contractor to Seller for commercial operations.

Commercially Operable means the construction and testing of the Cogen Facility is substantially complete and it is capable of producing electricity for synchronization with, and delivery into, the transmission system of Alabama Power Company.

Commercially Operable with respect to the Project, is a condition occurring after such time as Mechanical Completion has occurred, commissioning is complete, the Project has been shown by an Initial Performance Test to be capable of delivering at least ninety-nine percent (99%) of the Design Duration Energy as set forth in Appendix II to the CAISO Grid on a sustained basis, and the Project has been released by the EPC Contractor to Seller for commercial operations.

Commercially Operable means that the Project has been constructed, tested, and is fully capable of operating for the purpose of generating electrical energy as contemplated in this Agreement.

Commercially Operable with respect to any Unit, is a condition occurring after the Unit has been shown by an Initial Capacity Test, adjusted to ISO Conditions or Peak July Conditions as applicable, to be capable of delivering at least 98% of the Design Capacity as set forth in Appendix II or July Design Capacity, respectively, to the grid on a sustained basis, and the Unit has been released by the contractor to Seller for commercial operations. “Contract Capacity” is the amount of Capacity offered by the Seller as set forth in Appendix II, which shall be equal to the Design Capacity of the Units, reasonably adjusted (if necessary due to the technology of the Units) for Average Monthly Conditions.

Commercially Operable means, with respect to the Facility, a condition occurring after such time as mechanical completion has occurred, commissioning is complete, the Facility has been released by the EPC contractor to Seller for commercial operations, and permission to operate has been formally obtained from the applicable transmission or distribution utility If Seller anticipates that it will not be able to timely satisfy a Critical Milestone or the Commercial Operation Milestone, Seller shall submit to Buyer no later than thirty (30) days prior to the relevant deadline a remedial action plan (“Remedial Action Plan”), which will describe in detail the actual delay, any anticipated delay beyond the scheduled deadline, the cause of the delay, and Seller’s proposed course of action to achieve the missed deadline, any subsequent Critical Milestones, and the Commercial Operation Date by the Expected Commerical Opeation Date. So long as Seller complies with its obligation to deliver a Remedial Action Plan, Seller shall not be considered in default of its obligations under the Agreement solely as a result of failing to timely satisfy a Critical Milestone. In the event Seller misses any Critical Milestones and cannot reasonably demonstrate a plan for completing the Facility by the Guaranteed COD, Buyer shall have the right to terminate the PPA and retain the Development Security as damages, in addition to any other remedies it may have at law or equity. Expected Commercial Operation Date: Seller reasonably expects to achieve Commercial Operation by the following date [_______] (the “Expected Commercial Operation Date”).

Commercially Operable with respect to each Seller Unit, is a condition occurring after such time as Mechanical Completion has occurred, commissioning is complete and the Seller Unit has been released by the EPC Contractor to Seller for commercial operations.