Facility Requirements definition
Examples of Facility Requirements in a sentence
Provide Buyer with documentation reasonably satisfactory to Buyer evidencing the filing by or on behalf of Seller of applications for required Permits as defined in Section 2.2 of the Facility Requirements (APPENDIX E).
Other than as provided in Section 7.6 (Termination for Force Majeure) and Section 3.1 (Guaranteed Project Milestones Including Commercial Operation) of APPENDIX E (Facility Requirements), neither Party shall be responsible or liable for any delays or failures in its performance under this Agreement as and to the extent such delays or failures are substantially caused by conditions or events of Force Majeure.
The Parties shall have the rights and obligations set forth in Section 3.1 (Guaranteed Project Milestones Including Commercial Operation) of APPENDIX E (Facility Requirements) in the event a condition or event of Force Majeure affects the achievement of a Guaranteed Project Milestone Date, including the Guaranteed Commercial Operations Date.
These Facility Requirements apply to sellers with existing or new-build Facility-based Assets.
Sales of Excess Energy to Buyer hereunder shall be subordinate to the Facility Requirements, sales of the Contract Quantity of Capacity, and all other sales of Capacity or energy by Seller from the Facility that Seller has entered into prior to its receipt of Buyer’s Scheduling and Dispatch Notice with respect to such Excess Energy.
If applicable, notwithstanding any other provision of this Article 8 (Events of Default) to the contrary, any failure of Seller to achieve any of the Guaranteed Project Milestones by the applicable Guaranteed Project Milestone Date, including Commercial Operations by the Guaranteed Commercial Operations Date, shall be governed by Section 3.1 (Guaranteed Project Milestones Including Commercial Operation) of APPENDIX E (Facility Requirements) in lieu of this Article 8 (Events of Default).