Buyer Information During Design and Construction. Prior to COD, the Supplier shall provide the Buyer with progress reports as follows: (a) By the fifteenth (15th) day of each calendar quarter following the Contract Date and continuing until COD, the Supplier shall provide the Buyer with a quarterly progress report in the form of Exhibit Q, describing the status of efforts made by the Supplier to achieve Commercial Operation and the progress of the design and construction work and the status of Governmental Approvals relating to the Facility. Such quarterly progress reports shall report on the progress of all applicable Reportable Events. At the Buyer’s request, the Supplier shall provide an opportunity for the Buyer to meet with appropriate personnel of the Supplier to discuss and assess the contents of any such quarterly progress report. The Supplier acknowledges that the quarterly progress reports and photographs of the Facility may be posted or printed by the Buyer on the Buyer’s Website or in publications. (b) The Supplier acknowledges that time is of the essence to the Buyer with respect to providing quarterly progress reports pursuant to Section 2.4(a). Where the Supplier fails to satisfy the requirements of Section 2.4(a), the Supplier shall pay to the Buyer, within ten (10) Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of five thousand Dollars ($5,000) (the “Late Report Administrative Charge”). The Late Report Administrative Charge shall not limit other remedies the Buyer may have under this Agreement in respect of ongoing failure to deliver the quarterly progress reports within the time period set out in this Section 2.4. If the Supplier fails to pay to the Buyer the amount of the Late Report Administrative Charge within ten (10) Business Days after receipt of an invoice from the Buyer, the Buyer shall be entitled to draw and retain from the Completion and Performance Security the amount of such Late Report Administrative Charge. (c) In addition to the quarterly progress reports it is required to provide pursuant to Section 2.4(a), the Supplier shall also provide the Buyer with notice of any material incident, loss, casualty, event or concern which may occur or arise during the course of the development, construction or commissioning of the Facility, promptly and, in any event, within ten (10) Business Days following the later of: (i) the Supplier becoming aware of any such incident, loss, casualty, event or concern occurring or arising; and (ii) the Supplier becoming aware of the materiality of same, with such timing in each case based upon the Supplier having acted in accordance with Good Engineering and Operating Practices. Without limiting the generality of the foregoing, if there occurs or arises any incident, event or circumstance which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date for Commercial Operation, including delays arising from events of Force Majeure, the Supplier shall promptly (and, in any event, within ten (10) Business Days of the date that such delay was first reasonably known or should reasonably have been known by the Supplier) notify the Buyer and the Parties shall meet to discuss strategies for eliminating or reducing, to the extent possible and practicable to do so, the impact of such delay on the development, construction and/or commissioning of the Facility.
Appears in 2 contracts
Samples: E Lt 1 Contract, E Lt 1 Contract
Buyer Information During Design and Construction. Prior to COD, the Supplier shall provide the Buyer with progress reports as follows:
(a) By the fifteenth (15th) day of each calendar quarter following the Contract Date and continuing until COD, the Supplier shall provide the Buyer with a quarterly progress report in the form of Exhibit Q, describing the status of efforts made by the Supplier to achieve Commercial Operation and the progress of the design and construction work and the status of approvals of any Governmental Approvals ApprovalsAuthority relating to the Facility. Such quarterly progress reports shall report on the progress of all applicable Reportable Events. At the Buyer’s request, the Supplier shall provide an opportunity for the Buyer to meet with appropriate personnel of the Supplier to discuss and assess the contents of any such quarterly progress report. The Supplier acknowledges that the quarterly progress reports and photographs of the Facility may be posted or printed by the Buyer on the Buyer’s Website or in publications.publications. Draft
(b) The Supplier acknowledges that time is of the essence to the Buyer with respect to providing quarterly progress reports pursuant to Section 2.4(a). Where the Supplier fails to satisfy the requirements of Section 2.4(a), the Supplier shall pay to the Buyer, within ten (10) Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of five thousand Dollars ($5,000) (the “Late Report Administrative Charge”). The Late Report Administrative Charge shall not limit other remedies the Buyer may have under this Agreement in respect of ongoing failure to deliver the quarterly progress reports within the time period set out in this Section 2.4. If the Supplier fails to pay to the Buyer the amount of the Late Report Administrative Charge within ten (10) Business Days after receipt of an invoice from the Buyer, the Buyer shall be entitled to draw and retain from the Completion and Performance Security the amount of such Late Report Administrative Charge.
(c) In addition to the quarterly progress reports it is required to provide pursuant to Section 2.4(a), the Supplier shall also provide the Buyer with notice of any material incident, loss, casualty, event or concern which may occur or arise during the course of the development, construction or commissioning of the Facility, promptly and, in any event, within ten (10) Business Days following the later of: (i) the Supplier becoming aware of any such incident, loss, casualty, event or concern occurring or arising; and (ii) the Supplier becoming aware of the materiality of same, with such timing in each case based upon the Supplier having acted in accordance with Good Engineering and Operating Practices. Without limiting the generality of the foregoing, if there occurs or arises any incident, event or circumstance which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date for Commercial Operation, including delays arising from events of Force Majeure, the Supplier shall promptly (and, in any event, within ten (10) Business Days of the date that such delay was first reasonably known or should reasonably have been known by the Supplier) notify the Buyer and the Parties shall meet to discuss strategies for eliminating or reducing, to the extent possible and practicable to do so, the impact of such delay on the development, construction and/or commissioning of the Facility.ten
Appears in 1 contract
Buyer Information During Design and Construction. Draft Prior to COD, the Supplier shall provide the Buyer with progress reports as follows:
(a) By the fifteenth (15th) day of each calendar quarter following the Contract Date and continuing until COD, the Supplier shall provide the Buyer with a (i) quarterly progress report reports in the form of Exhibit QR, describing the status of efforts made by the Supplier to achieve Commercial Operation and the progress of the design and construction work and the status of Governmental Approvals relating to the Facility, and (ii) within five (5) Business Days of submission to the System Operator, a copy of the project status report (the “Project Status Report”) in the form of IESO-FORM 1399. Such quarterly progress reports shall report on the progress of all applicable Reportable Events. At the Buyer’s request, the Supplier shall provide an opportunity for the Buyer to meet with appropriate personnel of the Supplier to discuss and assess the contents of any such quarterly progress report. The Supplier acknowledges that the quarterly progress reports and photographs of of the Facility may be posted or printed by the Buyer on the Buyer’s Website or in publications.publications.
(b) The Supplier acknowledges that time is of the essence to the Buyer with respect to providing quarterly progress reports report pursuant to Section 2.4(a). Where the Supplier fails to satisfy the requirements of Section 2.4(a), the Supplier shall pay to the Buyer, within [ten (10) )] Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of five thousand Dollars ($5,000) (the “Late Report Administrative Charge”). The Late Report Administrative Charge shall not limit other remedies the Buyer may have under this Agreement in respect of ongoing failure to deliver satisfy the quarterly progress reports within the time period set out in requirements of this Section 2.4. If the Supplier fails to pay to the Buyer the amount of the Late Report Administrative Charge within ten (10) Business Days after receipt of an invoice from the Buyer, the Buyer shall be entitled to draw and retain from the Completion and Performance Security the amount of such Late Report Administrative Charge.2.4.
(c) In addition to the quarterly progress reports it is required to provide pursuant to Section 2.4(a), the Supplier shall also provide the Buyer with notice of any material incident, loss, casualty, event or concern which may occur or arise during the course of the development, construction or commissioning of the Facility, promptly and, in any event, within ten (10) Business Days following the later of: (i) the Supplier becoming aware of any such incident, loss, casualty, event or concern occurring or arising; and (ii) the Supplier becoming aware of the materiality of same, with such timing in each case based upon the Supplier having acted in accordance with Good Engineering and Operating Practices. Without limiting the generality of the foregoing, if there occurs or arises any incident, event or circumstance which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date for Commercial Operation, including delays arising from events of Force Majeure, the Supplier shall promptly (and, in any event, within ten (10) Business Days of the date that such delay was first reasonably known or should reasonably have been known by the Supplier) notify the Buyer and the Parties shall meet to discuss strategies for eliminating or reducing, to the extent possible and practicable to do so, the impact of such delay on the development, construction and/or commissioning of the Facility.
Appears in 1 contract
Samples: E Lt 1 Contract
Buyer Information During Design and Construction. Prior to COD, the Supplier shall provide the Buyer with progress reports as follows:
(a) By the fifteenth (15th) day of each calendar quarter following the Contract Date and continuing until COD, the Supplier shall provide the Buyer with a quarterly progress report in the form of Exhibit Q, describing the status of efforts made by the Supplier to achieve Commercial Operation and the progress of the design and construction work and the status of Governmental Approvals relating to the Facility. Such quarterly progress reports shall report on the progress of all applicable Reportable Events. At the Buyer’s request, the Supplier shall provide an opportunity for the Buyer to meet with appropriate personnel of the Supplier to discuss and assess the contents of any such quarterly progress report. The Supplier acknowledges that the quarterly progress reports and photographs of the Facility may be posted or printed by the Buyer on the Buyer’s Website or in publications.publications.
(b) The Supplier acknowledges that time is of the essence to the Buyer with respect to providing quarterly progress reports pursuant to Section 2.4(a). Where the Supplier fails to satisfy the requirements of Section 2.4(a), the Supplier shall pay to the Buyer, within ten (10) Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of five thousand Dollars ($5,000) (the “Late Report Administrative Charge”). The Late Report Administrative Charge shall not limit other remedies the Buyer may have under this Agreement in respect of ongoing failure to deliver the quarterly progress reports within the time period set out in this Section 2.4. If the Supplier fails to pay to the Buyer the amount of the Late Report Administrative Charge within ten (10) Business Days after receipt of an invoice from the Buyer, the Buyer shall be entitled to draw and retain from the Completion and Performance Security the amount of such Late Report Administrative Charge.
(c) In addition to the quarterly progress reports it is required to provide pursuant to Section 2.4(a), the Supplier shall also provide the Buyer with notice of any material incident, loss, casualty, event or concern which may occur or arise during the course of the development, construction or commissioning of the Facility, promptly and, in any event, within ten (10) Business Days following the later of: (i) the Supplier becoming aware of any such incident, loss, casualty, event or concern occurring or arising; and (ii) the Supplier becoming aware of the materiality of same, with such timing in each case based upon the Supplier having acted in accordance with Good Engineering and Operating Practices. Without limiting the generality of the foregoing, if there occurs or arises any incident, event or circumstance which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date for Commercial Operation, including delays arising from events of Force Majeure, the Supplier shall promptly (and, in any event, within ten (10) Business Days of the date that such delay was first reasonably known or should reasonably have been known by the Supplier) notify the Buyer and the Parties shall meet to discuss strategies for eliminating or reducing, to the extent possible and practicable to do so, the impact of such delay on the development, construction and/or commissioning of the Facility.ten
Appears in 1 contract
Buyer Information During Design and Construction. Prior to COD, the Supplier shall provide the Buyer with progress reports as follows:
(a) By the fifteenth (15th) day of each calendar quarter following the Contract Date and continuing until COD, the Supplier shall provide the Buyer with a quarterly progress report in the form of Exhibit Q, describing the status of efforts made by the Supplier to achieve Commercial Operation and the progress of the design and construction work and the status of Governmental Approvals relating to the Facility. Such quarterly progress reports shall report on the progress of all applicable Reportable Events. At the Buyer’s request, the Supplier shall provide an opportunity for the Buyer to meet with appropriate personnel of the Supplier to to discuss and assess the contents of any such quarterly progress report. The Supplier acknowledges that the quarterly progress reports and photographs of the Facility may be posted or printed by the Buyer on the Buyer’s Website or in publications.publications.
(b) The Supplier acknowledges that time is of the essence to the Buyer with respect to providing quarterly progress reports pursuant to Section 2.4(a). Where the Supplier fails to satisfy the requirements of Section 2.4(a), the Supplier shall pay to the Buyer, within ten (10) Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of five thousand Dollars ($5,000) (the “Late Report Administrative Charge”). The Late Report Administrative Charge shall not limit other remedies the Buyer may have under this Agreement in respect of ongoing failure to deliver the quarterly progress reports within the time period set out in this Section 2.4. If the Supplier fails to pay to the Buyer the amount of the Late Report Administrative Charge within ten (10) Business Days after receipt of an invoice from the Buyer, the Buyer shall be entitled to draw and retain from the Completion and Performance Security the amount of such Late Report Administrative Charge.Charge. Draft
(c) In addition to the quarterly progress reports it is required to provide pursuant to Section 2.4(a), the Supplier shall also provide the Buyer with notice of any material incident, loss, casualty, event or concern which may occur or arise during the course of the development, construction or commissioning of the Facility, promptly and, in any event, within ten (10) Business Days following the later of: (i) the Supplier becoming aware of any such incident, loss, casualty, event or concern occurring or arising; and (ii) the Supplier becoming aware of the materiality of same, with such timing in each case based upon the Supplier having acted in accordance with Good Engineering and Operating Practices. Without limiting the generality of the foregoing, if there occurs or arises any incident, event or circumstance which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date for Commercial Operation, including delays arising from events of Force Majeure, the Supplier shall promptly (and, in any event, within ten (10) Business Days of the date that such delay was first reasonably known or should reasonably have been known by the Supplier) notify the Buyer and the Parties shall meet to discuss strategies for eliminating or reducing, to the extent possible and practicable to do so, the impact of such delay on the development, construction and/or commissioning of the Facility.
Appears in 1 contract
Samples: E Lt 1 Contract
Buyer Information During Design and Construction. Prior to COD, the Supplier shall provide the Buyer with progress reports as follows:
(a) By the fifteenth (15th) day of each calendar quarter following the Contract Date and continuing until COD, the Supplier shall provide the Buyer with a quarterly progress report in the form of Exhibit Q, describing the status of efforts made by the Supplier to achieve Commercial Operation and the progress of the design and construction work and the status of Governmental Approvals relating to the Facility. Such quarterly progress reports shall report on the progress of all applicable Reportable Events. At the Buyer’s request, the Supplier shall provide an opportunity for the Buyer to meet with appropriate personnel of the Supplier to discuss and assess the contents of any such quarterly progress report. The Supplier acknowledges that the quarterly progress reports and photographs of the Facility may be posted or printed by the Buyer on the Buyer’s Website or in publications.
(b) The Supplier acknowledges that time is of the essence to the Buyer with respect to providing quarterly progress reports pursuant to Section 2.4(a). Where the Supplier fails to satisfy the requirements of Section 2.4(a), the Supplier shall pay to the Buyer, within ten (10) Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of five thousand Dollars ($5,000) (the “Late Report Administrative Charge”). The Late Report Administrative Charge shall not limit other remedies the Buyer may have under this Agreement in respect of ongoing failure to deliver the quarterly progress reports within the time period set out in this Section 2.4. If the Supplier fails to pay to the Buyer the amount of the Late Report Administrative Charge within ten (10) Business Days after receipt of an invoice from the Buyer, the Buyer shall be entitled to draw and retain from the Completion and Performance Security the amount of such Late Report Administrative Charge.Charge. Draft
(c) In addition to the quarterly progress reports it is required to provide pursuant to Section 2.4(a), the Supplier shall also provide the Buyer with notice of any material incident, loss, casualty, event or concern which may occur or arise during the course of the development, construction or commissioning of the Facility, promptly and, in any event, within ten (10) Business Days following the later of: (i) the Supplier becoming aware of any such incident, loss, casualty, event or concern occurring or arising; and (ii) the Supplier becoming aware of the materiality of same, with such timing in each case based upon the Supplier having acted in accordance with Good Engineering and Operating Practices. Without limiting the generality of the foregoing, if there occurs or arises any incident, event or circumstance which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date for Commercial Operation, including delays arising from events of Force Majeure, the Supplier shall promptly (and, in any event, within ten (10) Business Days of the date that such delay was first reasonably known or should reasonably have been known by the Supplier) notify the Buyer and the Parties shall meet to discuss strategies for eliminating or reducing, to the extent possible and practicable to do so, the impact of such delay on the development, construction and/or commissioning of the Facility.
Appears in 1 contract
Buyer Information During Design and Construction. Prior to COD, the Supplier shall provide the Buyer with progress reports as follows:
(a) By the fifteenth (15th) day of each calendar quarter following the Contract Date and continuing until COD, the Supplier shall provide the Buyer with a quarterly progress report in the form of Exhibit Q, describing the status of efforts made by the Supplier to achieve Commercial Operation and the progress of the design and construction work and the status of approvals of any Governmental Approvals Authority relating to the Facility. Such quarterly progress reports shall report on the progress of all applicable Reportable Events. At the Buyer’s request, the Supplier shall provide an opportunity for the Buyer to meet with appropriate personnel of the Supplier to discuss and assess the contents of any such quarterly progress report. The Supplier acknowledges that the quarterly progress reports and photographs of the Facility may be posted or printed by the Buyer on the Buyer’s Website or in publications.
(b) The Supplier acknowledges that time is of the essence to the Buyer with respect to providing quarterly progress reports pursuant to Section 2.4(a). Where the Supplier fails to satisfy the requirements of Section 2.4(a), the Supplier shall pay to the Buyer, within ten (10) Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of five thousand Dollars ($5,000) (the “Late Report Administrative Charge”). The Late Report Administrative Charge shall not limit other remedies the Buyer may have under this Agreement in respect of ongoing failure to deliver the quarterly progress reports within the time period set out in this Section 2.4. If the Supplier fails to pay to the Buyer the amount of the Late Report Administrative Charge within ten (10) Business Days after receipt of an invoice from the Buyer, the Buyer shall be entitled to draw and retain from the Completion and Performance Security the amount of such Late Report Administrative Charge.
(c) In addition to the quarterly progress reports it is required to provide pursuant to Section 2.4(a), the Supplier shall also provide the Buyer with notice of any material incident, loss, casualty, event or concern which may occur or arise during the course of the development, construction or commissioning of the Facility, promptly and, in any event, within ten (10) Business Days following the later of: (i) the Supplier becoming aware of any such incident, loss, casualty, event or concern occurring or arising; and (ii) the Supplier becoming aware of the materiality of same, with such timing in each case based upon the Supplier having acted in accordance with Good Engineering and Operating Practices. Without limiting the generality of the foregoing, if there occurs or arises any incident, event or circumstance which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date for Commercial Operation, including delays arising from events of Force Majeure, the Supplier shall promptly (and, in any event, within ten (10) Business Days of the date that such delay was first reasonably known or should reasonably have been known by the Supplier) notify the Buyer and the Parties shall meet to discuss strategies for eliminating or reducing, to the extent possible and practicable to do so, the impact of such delay on the development, construction and/or commissioning of the Facility.
Appears in 1 contract
Buyer Information During Design and Construction. Prior to COD, the Supplier shall provide the Buyer with progress reports as follows:
(a) By the fifteenth (15th) day of each calendar quarter following the Contract Date and continuing until COD, the Supplier shall provide the Buyer with a quarterly progress report in the form of Exhibit Q, describing the status of efforts made by the Supplier to achieve Commercial Operation and the progress of the design and construction work and the status of Governmental Approvals relating to the Facility. Such quarterly progress reports shall report on the progress of all applicable Reportable Events. At the Buyer’s request, the Supplier shall provide an opportunity for the Buyer to meet with appropriate personnel of the Supplier to discuss and assess the contents of any such quarterly progress report. The Supplier acknowledges that the quarterly progress reports and photographs of the Facility may be posted or printed by the Buyer on the Buyer’s Website or in publications.publications. Draft
(b) The Supplier acknowledges that time is of the essence to the Buyer with respect to providing quarterly progress reports pursuant to Section 2.4(a). Where the Supplier fails to satisfy the requirements of Section 2.4(a), the Supplier shall pay to the Buyer, within ten (10) Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of five thousand Dollars ($5,000) (the “Late Report Administrative Charge”). The Late Report Administrative Charge shall not limit other remedies the Buyer may have under this Agreement in respect of ongoing failure to deliver the quarterly progress reports within the time period set out in this Section 2.4. If the Supplier fails to pay to the Buyer the amount of the Late Report Administrative Charge within ten (10) Business Days after receipt of an invoice from the Buyer, the Buyer shall be entitled to draw and retain from the Completion and Performance Security the amount of such Late Report Administrative Charge.
(c) In addition to the quarterly progress reports it is required to provide pursuant to Section 2.4(a), the Supplier shall also provide the Buyer with notice of any material incident, loss, casualty, event or concern which may occur or arise during the course of the development, construction or commissioning of the Facility, promptly and, in any event, within ten (10) Business Days following the later of: (i) the Supplier becoming aware of any such incident, loss, casualty, event or concern occurring or arising; and (ii) the Supplier becoming aware of the materiality of same, with such timing in each case based upon the Supplier having acted in accordance with Good Engineering and Operating Practices. Without limiting the generality of the foregoing, if there occurs or arises any incident, event or circumstance which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date for Commercial Operation, including delays arising from events of Force Majeure, the Supplier shall promptly (and, in any event, within ten (10) Business Days of the date that such delay was first reasonably known or should reasonably have been known by the Supplier) notify the Buyer and the Parties shall meet to discuss strategies for eliminating or reducing, to the extent possible and practicable to do so, the impact of such delay on the development, construction and/or commissioning of the Facility.
Appears in 1 contract
Samples: E Lt 1 Contract
Buyer Information During Design and Construction. Prior to COD, the Supplier shall provide the Buyer with progress reports as follows:
(a) By the fifteenth (15th) day of each calendar quarter following the Contract Date and continuing until COD, the Supplier shall provide the Buyer with a quarterly progress report in the form of Exhibit Q, describing the status of efforts made by the Supplier to achieve Commercial Operation and the progress of the design and construction work and the status of Governmental Approvals relating to the Facility. Such quarterly progress reports shall report on the progress of all applicable Reportable Events. At the Buyer’s request, the Supplier shall provide an opportunity for the Buyer to meet with appropriate personnel of the Supplier to discuss and assess the contents of any such quarterly progress report. The Supplier acknowledges that the quarterly progress reports and photographs of the Facility may be posted or printed by the Buyer on the Buyer’s Website or in publications.
(b) The Supplier acknowledges that time is of the essence to the Buyer with respect to providing quarterly progress reports pursuant to Section 2.4(a). Where the Supplier fails to satisfy the requirements of Section 2.4(a), the Supplier shall pay to the Buyer, within ten (10) Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of five thousand Dollars ($5,000) (the “Late Report Administrative Charge”). The Late Report Administrative Charge shall not limit other remedies the Buyer may have under this Agreement in respect of ongoing failure to deliver the quarterly progress reports within the time period set out in this Section 2.4. If the Supplier fails to pay to the Buyer the amount of the Late Report Administrative Charge within ten (10) Business Days after receipt of an invoice from the Buyer, the Buyer shall be entitled to draw and retain from the Completion and Performance Security the amount of such Late Report Administrative Charge.
(c) In addition to the quarterly progress reports it is required to provide pursuant to Section 2.4(a), the Supplier shall also provide the Buyer with notice of any material incident, loss, casualty, event or concern which may occur or arise during the course of the development, construction or commissioning of the Facility, promptly and, in any event, within ten (10) Business Days following the later of: (i) the Supplier becoming aware of any such incident, loss, casualty, event or concern occurring or arising; and (ii) the Supplier becoming aware of the materiality of same, with such timing in each case based upon the Supplier having acted in accordance with Good Engineering and Operating Practices. Without limiting the generality of the foregoing, if there occurs or arises any incident, event or circumstance which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date for Commercial Operation, including delays arising from events of Force Majeure, the Supplier shall promptly (and, in any event, within ten (10) Business Days of the date that such delay was first reasonably known or should reasonably have been known by the Supplier) notify the Buyer and the Parties shall meet to discuss strategies for eliminating or reducing, to the extent possible and practicable to do so, the impact of such delay on the development, construction and/or commissioning of the Facility.ten
Appears in 1 contract
Samples: E Lt 1 Contract
