Common use of COD Cure Plan Clause in Contracts

COD Cure Plan. (a) If the Generation COD Conditions have not been satisfied on or before the COD Sunset Date, then SFV may in its absolute discretion give LTES Operator a notice requiring LTES Operator to submit a cure plan which demonstrates that LTES Operator is reasonably likely to achieve the Generation COD Conditions (“Draft COD Cure Plan”). (b) Within 30 Business Days after receiving notice from SFV under paragraph (a) or such other period agreed between the parties (“COD Cure Period”), LTES Operator must submit a Draft COD Cure Plan to SFV. (c) Within 40 Business Days after receiving the Draft COD Cure Plan, SFV must use reasonable endeavours to either approve or reject the Draft COD Cure Plan. (d) If SFV approves (in its absolute discretion) the Draft COD Cure Plan under paragraph (c), then: (i) LTES Operator must comply with the COD Cure Plan; (ii) within 10 Business Days after the end of each month, LTES Operator must provide a monthly report that sets out LTES Operator’s progress of achieving the COD Cure Plan; and (iii) any references to the COD Sunset Date is to the COD Sunset Date as extended under the COD Cure Plan.

COD Cure Plan. (a) If the Generation COD Conditions have not been satisfied on or before the COD Sunset Date, then SFV may in at its absolute discretion give LTES Operator a notice requiring LTES Operator to submit a cure plan which demonstrates that LTES Operator is reasonably likely to achieve the Generation COD Conditions (“Draft COD Cure Plan”). (b) Within 30 Business Days after receiving notice from SFV under paragraph (a) or such other period agreed between the parties (“COD Cure Period”), LTES Operator must submit a Draft COD Cure Plan to SFV that includes sufficient detail for SFV to determine (at its discretion) whether the Draft COD Cure Plan should be approved or rejected. SFV may request any further information from LTES Operator that SFV reasonably requires in order to determine whether to approve or reject the Draft COD Cure Plan, and LTES Operator must promptly provide that information to SFV. (c) Within 40 Business Days after the later of receiving the Draft COD Cure PlanPlan and receiving any further information requested by SFV, SFV must use reasonable endeavours to either approve or reject the Draft COD Cure Plan. (d) If SFV approves (in at its absolute discretion) the Draft COD Cure Plan under paragraph (c), then: (i) LTES Operator must comply with the COD Cure Plan; (ii) within 10 Business Days after the end of each month, LTES Operator must provide to SFV a monthly report that sets out LTES Operator’s progress of achieving the COD Cure Plan; and (iii) any references to the COD Sunset Date is will be read as being to the COD Sunset Date as extended under the COD Cure Plan.

COD Cure Plan. ‌ (a) If the Generation COD Conditions have not been satisfied on or before the COD Sunset Date, then SFV may in its absolute discretion give LTES Operator a notice requiring LTES Operator to submit a cure plan which demonstrates that LTES Operator is reasonably likely to achieve the Generation COD Conditions (“Draft COD Cure Plan”).Plan”).‌ (b) Within 30 Business Days after receiving notice from SFV under paragraph (a) or such other period agreed between the parties (“COD Cure Period”), LTES Operator must submit a Draft COD Cure Plan to SFV.SFV.‌ (c) Within 40 Business Days after receiving the Draft COD Cure Plan, SFV must use reasonable endeavours to either approve or reject the Draft COD Cure Plan.Plan.‌ (d) If SFV approves (in its absolute discretion) the Draft COD Cure Plan under paragraph (c), then: (i) LTES Operator must comply with the COD Cure Plan; (ii) within 10 Business Days after the end of each month, LTES Operator must provide a monthly report that sets out LTES Operator’s progress of achieving the COD Cure Plan; and (iii) any references to the COD Sunset Date is to the COD Sunset Date as extended under the COD Cure Plan.

COD Cure Plan. (a) If the Generation COD Conditions have not been satisfied on or before the COD Sunset Date, then SFV may in at its absolute discretion give LTES Operator a notice requiring LTES Operator to submit a cure plan which demonstrates that LTES Operator is reasonably likely to achieve the Generation COD Conditions (“Draft COD Cure Plan”). (b) Within 30 Business Days after receiving notice from SFV under paragraph (a) or such other period agreed between the parties (“COD Cure Period”), LTES Operator must submit a Draft COD Cure Plan to SFV. (c) Within 40 Business Days after receiving the Draft COD Cure Plan, SFV must use reasonable endeavours to either approve or reject the Draft COD Cure Plan. (d) If SFV approves (in at its absolute discretion) the Draft COD Cure Plan under paragraph (c), then: (i) LTES Operator must comply with the COD Cure Plan; (ii) within 10 Business Days after the end of each month, LTES Operator must provide a monthly report that sets out LTES Operator’s progress of achieving the COD Cure Plan; and (iii) any references to the COD Sunset Date is to the COD Sunset Date as extended under the COD Cure Plan.

COD Cure Plan. (a) If the Generation COD Conditions have not been satisfied on or before the COD Sunset Date, then SFV may in its absolute discretion give LTES Operator a notice requiring LTES Operator to submit a cure plan which demonstrates that LTES Operator is reasonably likely to achieve the Generation COD Conditions (“Draft COD Cure Plan”). (b) Within 30 Business Days after receiving notice from SFV under paragraph (a) or such other period agreed between the parties (“COD Cure Period”), LTES Operator must submit a Draft COD Cure Plan to SFV. (c) Within 40 Business Days after receiving the Draft COD Cure Plan, SFV must use reasonable endeavours to either approve or reject the Draft COD Cure Plan. (d) If SFV approves (in its absolute discretion) the Draft COD Cure Plan under paragraph (c), then: (i) LTES Operator must comply with the COD Cure Plan; (ii) within 10 Business Days after the end of each month, LTES Operator must provide a monthly report that sets out LTES Operator’s progress of achieving the COD Cure Plan; and (iii) any references to the COD Sunset Date is to the COD Sunset Date as extended under the COD Cure Plan. [Note: for bids where LTES Operator seeks both an LTESA and an Access Right, if there are delays in construction and commissioning which affect both LTES Operator’s obligations under this agreement and the Access PDA, then LTES Operator will be required to follow the applicable processes in each of those agreements and engage with SFV and Infrastructure Planner accordingly.]

COD Cure Plan. (a) If the Generation COD Conditions have not been satisfied on or before the COD Sunset Date, then SFV may in its absolute discretion give LTES Operator a notice requiring LTES Operator to submit a cure plan which demonstrates that LTES Operator is reasonably likely to achieve the Generation COD Conditions (“Draft COD Cure Plan”). (b) Within 30 Business Days after receiving notice from SFV under paragraph (a) or such other period agreed between the parties (“COD Cure Period”), LTES Operator must submit a Draft COD Cure Plan to SFV. (c) Within 40 Business Days after receiving the Draft COD Cure Plan, SFV must use reasonable endeavours to either approve or reject the Draft COD Cure Plan. (d) If SFV approves (in its absolute discretion) the Draft COD Cure Plan under paragraph (c), then: (i) LTES Operator must comply with the COD Cure Plan; (ii) within 10 Business Days after the end of each month, LTES Operator must provide a monthly report that sets out LTES Operator’s progress of achieving the COD Cure Plan; and (iii) any references to the COD Sunset Date is to the COD Sunset Date as extended under the COD Cure Plan.