Certification of Commercial Operation Date. Seller shall provide Buyers’ Agent with notice in accordance with Section 13.2 when Seller believes that all conditions precedent to achieving Commercial Operation of the Facility as specified in the definition of “Commercial Operation” have been satisfied. Buyers’ Agent shall either accept the notice, or reject the notice if reasonable cause exists, provided that Buyers’ Agent shall not unreasonably withhold, delay or condition any acceptance of such notice, and in any event shall provide in reasonable detail a written description of the reasons for any rejection. Buyers’ Agent shall in all cases respond to any such notice within fifteen (15) business days after receipt thereof by Buyers’ Agent, and Buyers shall be deemed to have accepted such notice if Buyers’ Agent fails to respond in such time. If Buyers’ Agent rejects the notice, Seller shall promptly correct any defects or deficiencies and resubmit the notice. The Commercial Operation Date shall be deemed to have occurred as of the date of any Seller notice of Commercial Operation that is accepted (or deemed accepted) by Buyers. So long as Seller provides, in good faith, notice to Buyers’ Agent of the achievement of Commercial Operation prior to the Outside Commercial Operation Date, no Buyer may withdraw from this Agreement, and Buyers may not collectively terminate this Agreement under Section 2.3(d) for failure to achieve the Commercial Operation Date under Section 3.4, so long as (a) Buyers’ Agent either (i) accepts such notice or (ii) rejects such notice due to minor defects or deficiencies that do not affect the ability of the Facility to be placed in service and operated in accordance with this Agreement, and (b) Seller promptly corrects such minor defects or deficiencies identified by Buyers’ Agent. In no event shall any extension of the Outside Commercial Operation Date under this Section 3.3 affect the amount of the Contract Price, notwithstanding any tax benefits lost as a result of the delay of the Commercial Operation Date.
Certification of Commercial Operation Date. Seller shall provide Buyer with a notice when Seller believes that all requirements to achieving Commercial Operation of the Facility as specified in the definition of “Commercial Operation” in Section 1.1 have been satisfied.
Certification of Commercial Operation Date. Not less than thirty (30) days prior to the date upon which Seller expects to achieve Commercial Operation, Seller shall give written notice to Buyer of such expected Commercial Operation Date. Seller shall provide Buyer with notice in accordance
Certification of Commercial Operation Date. Seller shall provide
Certification of Commercial Operation Date. Seller shall provide Buyer with no fewer than sixty (60) days prior written notice of the date on which Seller anticipates achieving all of the conditions precedent to achieving Commercial Opera...
Certification of Commercial Operation Date. Seller shall provide Buyer with no fewer than sixty (60) days prior written notice of the date on which Seller anticipates achieving all of the conditions precedent to achieving Commercial Operation. When Seller believes that all conditions precedent to achieving Commercial Operation of the Facility as specified in the definition of “Commercial Operation” have been satisfied, Seller shall provide Buyer with written notice thereof (the “Commercial Operation Certificate”); provided, however, that Buyer shall not be obligated to accept a Commercial Operation Date that is earlier than the Expected Commercial Operation Date unless Seller has provided Buyer with six months’ advance notice of a proposed earlier Expected Commercial Operation Date. Buyer shall in writing either accept or reject the Commercial Operation Certificate in its reasonable discretion within twenty (20) Business Days, identifying any basis for rejection, and if Buyer rejects the Commercial Operation Certificate, Seller shall promptly correct any defects or deficiencies and resubmit the Commercial Operation Certificate. Buyer’s failure to accept or reject such certificate within the timeframe provided shall be deemed to be an acceptance of such Commercial Operation Certificate by Buyer pursuant to this Section 3.6. The Commercial Operation Date shall be deemed to relate back to the date of the Commercial Operation Certificate that was accepted or deemed accepted by Buyer.
Certification of Commercial Operation Date. Seller shall provide Buyer with notice when Seller believes that all requirements under this Agreement for achieving Commercial Operation of the Facility, including the conditions precedent specified in the definition of “Commercial Operation” in Section 1.1, have been satisfied with respect to the delivery of the full output of Facility Energy to the Point of Delivery using NV Energy’s Transmission Services and Transmission System (which Transmission Services are enabled by the One Nevada Transmission Line), unless Seller shall have furnished at least thirty (30) days advance written notice to Buyer that it elects to achieve Commercial Operation of the Facility for the delivery of the full output of the Facility to the Point of Delivery utilizing the Transmission Services provided by CAISO as Transmission Provider and the alternate Transmission Systems for delivery of the Facility Energy to the Point of Delivery, in which case such notice by Seller shall provide that it believes that all requirements under the Agreement for achieving Commercial Operation, including the conditions precedent specified in the definition of “Commercial Operation” in Section 1.1, have been satisfied with respect to delivery of the full output of Facility Energy to the Point of Delivery utilizing the Transmission Services provided by CAISO as Transmission Provider and the alternate Transmission Systems for delivery of the full output of Facility Energy to the Point of Delivery. Buyer shall either accept or reject the notice in its reasonable discretion by delivering a notice to Seller in writing within thirty (30)
