Commercial Operation Conditions Clause Samples
Commercial Operation Conditions. Commercial Operation will occur once all of the following conditions (the “Commercial Operation Conditions”) are, subject to Section 7.4(d), satisfied by Seller or waived by Buyer in its sole and absolute discretion:
(i) The Storage Facility has been fully installed, connected to and synchronized with the interconnected high voltage transmission facilities that are a part of the Transmission System to which the Project connects in accordance with the Interconnection Agreement, and is fully capable of charging, storing, and discharging Energy up to the Guaranteed Storage Contract Capacity in accordance with the requirements of all Applicable Law and this Agreement.
(ii) The Storage Facility meets the Guaranteed Charging Rate, the Guaranteed Round- Trip Efficiency, and the Guaranteed Duration.
(iii) Seller has obtained all Permits necessary for Seller to perform its obligations under this Agreement in compliance with Applicable Law, this Agreement, and Prudent Utility Standards, and all such Permits are in final form and in full force and effect.
(iv) Seller has delivered to Buyer a certificate of an independent engineer acceptable to Buyer in its reasonable discretion certifying that, as of the Commercial Operation Date:
(A) the Project is complete in all material respects (other than punch list items that will not materially and adversely affect the safe operation, performance, or maintenance of the Project), and
(B) the Storage Facility is capable of reliably (I) receiving and storing Charging Energy at the Interconnection Point, (II) delivering Discharging Energy to the [Delivery Point], and (III) the Storage Facility meets the Guaranteed Charging Rate, the Guaranteed Round-Trip Efficiency, and the Guaranteed Duration.
(v) Seller has delivered to Buyer a certificate of an officer of Seller certifying in writing that (A) the Project is, as of the Commercial Operation Date, (I) complete in all material respects (other than punch list items that will not materially and adversely affect the safe operation, performance or maintenance of the Project), (II) consists of the equipment and characteristics described in Exhibit A (as such equipment and characteristics may be modified in accordance with Section 7.1(b)), and (III) is sufficient to permit Seller to satisfy its obligations under this Agreement, (B) the Storage Facility is capable of reliably receiving and storing Charging Energy at the Interconnection Point in an amount equal to the Guaranteed Storage C...
Commercial Operation Conditions. Without limiting Seller’s other obligations under this Agreement, Commercial Operation occurs when all of the following “COD Conditions” have been achieved:
(a) PGE has received a certificate addressed to PGE from a Licensed Professional Engineer stating that (i) one hundred percent (100%) of the Storage System Nameplate Capacity have been installed and became operable to deliver Discharging Energy to the Delivery Point and to accept Charging Energy at the Delivery Point and store it in the Storage System,
Commercial Operation Conditions. Commercial Operation will be deemed to have occurred on the date on which all of the following conditions (the “Commercial Operation Conditions”) are, subject to Section 7.5(a), either satisfied or waived by Seller or Buyer, as applicable, in its sole and absolute discretion: