COD Sample Clauses

COD. Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date, unless extended in accordance with Section 3.9(c)(ii).
Sample 1Sample 2Sample 3See All (8)
AutoNDA by SimpleDocs
COD. Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date; provided, however, that the Commercial Operation Date shall not occur more than one hundred eighty (180) days prior to the Guaranteed Commercial Operation Date. If the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages equal to Daily Delay Damages for each day or portion of a day that the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date for up to a total of one hundred eighty (180) days (“Project Cure Period”); provided, however, that Seller may, at its option, extend the Project Cure Period by up to an additional one hundred eighty (180) days by notifying Buyer of its election to do so no later than one hundred fifty (150) days after the Guaranteed Commercial Operation Date and increasing the Construction Period Security by an amount equal to the product of (A) the Construction Period Security specified in Section 8.4(a)(ii) times (B) the quotient of the number of days by which Seller wishes to extend the Project Cure Period divided by one hundred eighty (180). In addition, Seller shall submit a Remedial Action Plan within ten
Sample 1Sample 2
COD. (a) Is it possible to insert a provisional date for the COD in the contract? This may enable the Operator to begin the commercialization of the site and optimize the launch of the Site on the market. (b) Is it possible that any delay compared to this provisional COD may allow the Operator to get indemnified for reasonable consequences linked to this delay (such as cost for termination/postponement/ rescheduling of the event of clients whom signed a contract) being understood the Operator shall do its best effort to mitigate these consequences? (a) No. Since the Operator will be part of the project, and will be aware of the progress of construction, it should be able to make a reasonable assessment of commercialization. The OSA remains unchanged (b) The OSA remains unchanged.
Sample 1
COD. The Borrower shall achieve COD on or before the Date Certain.
Sample 1
COD. The Company will deliver evidence to the Investors that the COD has been filed with the Secretary of State of the State of Delaware and the COD has become effective.
Sample 1
COD. The Borrower shall (and shall cause each Borrower Party to) use commercially reasonable efforts to achieve COD for each Project on or before the Date Certain for such Project.
Sample 1
COD. The Company shall have filed the COD with the Secretary of State of the State of Delaware and the COD shall have been declared effective.
Sample 1
AutoNDA by SimpleDocs
COD. Seller shall complete installation and testing of at least 50MW installed capacity of the Project as certified by Seller to Buyer and begin continuous deliveries of such 50MW installed capacity on or before December 31, 2012. If Seller fails to do so, Seller shall pay Buyer liquidated damages equal to the Milestone Delay Damage for each day or portion of a day that Seller fails to provide continuous deliveries of such 50MW installed capacity until Seller does achieve such deliveries or begins paying Daily Delay Damages below. In addition, Seller shall cause the entire Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date; provided, however, that the Commercial Operation Date shall not occur more than one hundred eighty (180) days prior to the Guaranteed Commercial Operation Date. If the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date, Seller shall pay to Buyer liquidated damages equal to Daily Delay Damages for each day or portion of a day that the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date for up to a total of one hundred and eighty (180) days (“Project Cure Period”). In addition, Seller shall submit a Remedial Action Plan within ten (10) days after the Guaranteed Commercial Operation Date if the Project has not then achieved the Commercial Operation Date. Each Party agrees and acknowledges that (a) the actual damages that Buyer would incur due to a delay in achieving the Commercial Operation Date on or before the Guaranteed Commercial Operation Date would be difficult or impossible to predict with certainty, (b) the Daily Delay Damages set forth in this section are a reasonable and appropriate approximation of such damages, and (c) the Daily Delay Damages set forth in this section are the exclusive remedy for Seller’s delay in achieving the Commercial Operation Date for the length of the Project Cure Period but shall not otherwise act to limit any of Buyer’s rights or remedies arising from any other Event of Default by Seller, including, without limitation, the failure by Seller to achieve the Commercial Operation Date altogether.
Sample 1
COD. The Facility must satisfy the requirements for Commercial Operation (set forth in Section 3.3) by the Commercial Operation Deadline (“COD”). The “Commercial Operation Deadline” with respect to the Facility shall be no later than September 30, 2013, as extended on a day‐for‐day basis for: (a) each day up to a maximum of sixty (60) days that the CPUC does not approve a resolution regarding the Agreement after May 31, 2012; and (b) each day up to a maximum of one hundred and eighty (180) days (the “Maximum Force Majeure Delay”) that Seller is actually delayed by Force Majeure in achieving Commercial Operation by the Commercial Operation Deadline. Any delays to Commercial Operation after the Maximum Force Majeure Delay period caused by Force Majeure shall result in daily delay damages and/or Event of Default in accordance with Section 12.0 if such delays prevent Seller from achieving Commercial Operation after the Commercial Operation Deadline, as extended.”
Sample 1

Related to COD

  • Tenant’s Share of Operating Expenses Tenant shall pay Tenant’s Share of Operating Expenses in the respective shares of the respective categories of Operating Expenses as set forth below.

  • Clean-Up Period (a) Notwithstanding any other provision of any Finance Document:

  • Interim Operating Covenants Seller covenants to Purchaser that Seller will:

  • Rentable Area 6.1. The term “

  • Payment of Operating Expenses Subject to the provisions of Section 6.08(c), Borrower will (i) pay the expenses of operating, managing, maintaining and repairing the Mortgaged Property (including utilities, Repairs and Capital Replacements) before the last date upon which each such payment may be made without any penalty or interest charge being added, and (ii) pay Insurance premiums at least 30 days prior to the expiration date of each policy of Insurance, unless applicable law specifies some lesser period.

  • Relocation Allowance An employee who is promoted and required by agency policy to relocate his residence shall be granted time off with pay for one workday for this purpose. In addition, the employee shall be granted travel time to the new location based on the most direct route. No employee will be credited with more than the number of hours in the employee’s regular workday and such time shall not be counted as hours worked for the purpose of computing compensatory time or overtime.

  • Ameliorative Allocations Any special allocations of income or gain pursuant to Sections 5.05(b) or 5.05(c) hereof shall be taken into account in computing subsequent allocations pursuant to Section 5.04 and this Section 5.05(g), so that the net amount of any items so allocated and all other items allocated to each Partner shall, to the extent possible, be equal to the net amount that would have been allocated to each Partner if such allocations pursuant to Sections 5.05(b) or 5.05(c) had not occurred.

  • Entity-Level Taxation If legislation is enacted or the official interpretation of existing legislation is modified by a governmental authority, which after giving effect to such enactment or modification, results in a Group Member becoming subject to federal, state or local or non-U.S. income or withholding taxes in excess of the amount of such taxes due from the Group Member prior to such enactment or modification (including, for the avoidance of doubt, any increase in the rate of such taxation applicable to the Group Member), then the General Partner may, at its option, reduce the Minimum Quarterly Distribution and the Target Distributions by the amount of income or withholding taxes that are payable by reason of any such new legislation or interpretation (the “Incremental Income Taxes”), or any portion thereof selected by the General Partner, in the manner provided in this Section 6.9. If the General Partner elects to reduce the Minimum Quarterly Distribution and the Target Distributions for any Quarter with respect to all or a portion of any Incremental Income Taxes, the General Partner shall estimate for such Quarter the Partnership Group’s aggregate liability (the “Estimated Incremental Quarterly Tax Amount”) for all (or the relevant portion of) such Incremental Income Taxes; provided that any difference between such estimate and the actual liability for Incremental Income Taxes (or the relevant portion thereof) for such Quarter may, to the extent determined by the General Partner, be taken into account in determining the Estimated Incremental Quarterly Tax Amount with respect to each Quarter in which any such difference can be determined. For each such Quarter, the Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be the product obtained by multiplying (a) the amounts therefor that are set out herein prior to the application of this Section 6.9 times (b) the quotient obtained by dividing (i) Available Cash with respect to such Quarter by (ii) the sum of Available Cash with respect to such Quarter and the Estimated Incremental Quarterly Tax Amount for such Quarter, as determined by the General Partner. For purposes of the foregoing, Available Cash with respect to a Quarter will be deemed reduced by the Estimated Incremental Quarterly Tax Amount for that Quarter.

Time is Money Join Law Insider Premium to draft better contracts faster.