Common use of Commercial Operation Conditions Clause in Contracts

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 Contract Capacity and reliably delivering Discharging Energy to the Delivery Point in an amount equal to the Storage Contract Capacity, (C) the Storage Facility meets the Guaranteed Charging Rate, the Guaranteed Round-Trip Efficiency, and the Guaranteed Duration, (D) Seller is not in breach of its obligations under the Interconnection Agreement, (E) Seller has completed all arrangements necessary for the supply of required electric services to the Project, including the supply of start-up and shutdown power, house power, and maintenance power and such required electric services are in effect and available to supply the Project, (F) Seller has obtained all Permits required to be obtained by Seller to construct and operate the Project in compliance with Applicable Law, this Agreement, and Prudent Utility Practice, and all such Permits are in full force and effect, (G) Seller is in compliance with the terms and conditions of this Agreement in all material respects. (vi) Seller has installed and commissioned all Meters and DCS system equipment, data circuits, and other communication systems necessary to allow for remote monitoring of the Project. (vii) Seller has transferred Credit Support to Buyer having a value equal to the Operating Period Credit Support Amount.

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: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 Contract Capacity and reliably delivering Discharging Energy to the Delivery Point in an amount equal to the Storage Contract Capacity, (C) the Storage Facility meets the Guaranteed Charging Rate, the Guaranteed Round-Trip Efficiency, and the Guaranteed Duration, (D) Seller is not in breach of its obligations under the Interconnection Agreement, (E) Seller has completed all arrangements necessary for the supply of required electric services to the Project, including the supply of start-up and shutdown power, house power, and maintenance power and such required electric services are in effect and available to supply the Project, (F) Seller has obtained all Permits required to be obtained by Seller to construct and operate the Project in compliance with Applicable Law, this Agreement, and Prudent Utility Practice, and all such Permits are in full force and effect, (G) Seller is in compliance with the terms and conditions of this Agreement in all material respects., (vi) Seller has installed and commissioned all Meters and DCS system equipment, data circuits, and other communication systems necessary to allow for remote monitoring of the Project. (vii) Seller has transferred Credit Support to Buyer having a value equal to the Operating Period Credit Support Amount.

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- 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 Contract Capacity and reliably delivering Discharging Energy to the Delivery Point in an amount equal to the Storage Contract Capacity, (C) the Storage Facility meets the Guaranteed Charging Rate, the Guaranteed Round-Trip Efficiency, and the Guaranteed Duration, (D) Seller is not in breach of its obligations under the Interconnection Agreement, (E) Seller has completed all arrangements necessary for the supply of required electric services to the Project, including the supply of start-up and shutdown power, house power, and maintenance power and such required electric services are in effect and available to supply the Project, (F) Seller has obtained all Permits required to be obtained by Seller to construct and operate the Project in compliance with Applicable Law, this Agreement, and Prudent Utility Practice, and all such Permits are in full force and effect, (G) Seller is in compliance with the terms and conditions of this Agreement in all material respects. (vi) Seller has installed and commissioned all Meters and DCS system equipment, data circuits, and other communication systems necessary to allow for remote monitoring of the Project. (vii) Seller has transferred Credit Support to Buyer having a value equal to the Operating Period Credit Support Amount.

Commercial Operation Conditions. Commercial Operation will occur once all of the following conditions (the “Commercial Operation Conditions”) are, subject to Section 7.4(d), are satisfied by Seller or waived by Buyer in its sole and absolute discretion: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 Contract Storage Contract Capacity, as confirmed by a Storage Capacity Test, in accordance with the requirements of all Applicable Law and this Agreement. (ii) The Buyer has received and reviewed a copy of the initial Storage Capacity Test confirming (1) the Contract Storage Capacity, and (2) the Storage Facility meets the Guaranteed Charging Rate, the Guaranteed Round- 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 StandardsPractices, 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 a Licensed Professional 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 Project has (i) all AGC equipment installed and operational in accordance with the requirements of this Agreement; and (ii) that the Storage Facility is capable able to charge, store and discharge energy reliably in amounts expected by and consistent with the terms and conditions 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 Durationthis Agreement. (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 notice consistent with Exhibit A (as such equipment and characteristics may be modified J in accordance with Section 7.1(b4.4(c)), 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 Contract Capacity and reliably delivering Discharging Energy to the Delivery Point in an amount equal to the Storage Contract Capacity, (C) the Storage Facility meets the Guaranteed Charging Rate, the Guaranteed Round-Trip Efficiency, and the Guaranteed Duration, (D) Seller is not in breach of its obligations under the Interconnection Agreement, (E) Seller has completed all arrangements necessary for the supply of required electric services to the Project, including the supply of start-up and shutdown power, house power, and maintenance power and such required electric services are in effect and available to supply the Project, (F) Seller has obtained all Permits required to be obtained by Seller to construct and operate the Project in compliance with Applicable Law, this Agreement, and Prudent Utility Practice, and all such Permits are in full force and effect, (G) Seller is in compliance with the terms and conditions of this Agreement in all material respects. (vi) Seller has installed and commissioned all Meters the Metering Facilities and DCS AGC system equipment, data circuits, and other communication systems necessary to allow for remote monitoring of the Project. (vii) Seller has transferred Credit Support to Buyer having a value equal to the Operating Period Credit Support Amount.