Commercial Operation Date. 6.4.1 The SPV shall ensure that the Project Commercial Operation Date is achieved on or prior to the Scheduled Commercial Operation Date. The SPV shall provide a written notice to MSEDCL at least 30 (thirty) days in advance intimating MSEDCL of the proposed date on which the Commercial Operation Date of a Unit or the Project is proposed to be achieved.
6.4.2 If the Commercial Operation Date for the Units having a capacity equivalent to at least 75% (seventy five percent) of the Contracted Capacity is achieved before the Scheduled Commercial Operation Date, then all Units in respect of which the Commercial Operation Date has been achieved prior to the Scheduled Commercial Operation Date would be eligible for incentives as follows:
(a) the Unit(s) injecting energy at 11 kV /22 kV shall be given an incentive of Rs. 0.25/ kWh; and
(b) the Unit(s) injecting energy at 33 kV shall be given an incentive of Rs. 0.15/ kWh, for the power sold to MSEDCL for the first 3 (three) years from the Commercial Operation Date. To receive such incentives from MSAPL, which shall be over and above the Tariff, the SPV shall follow the process agreed to by the SPV under the Implementation Agreement.
6.4.3 It is hereby clarified that the aforementioned incentive shall not be available: (i) in respect of any Unit if the Commercial Operation Date for such Unit has not been achieved prior to the Scheduled Commercial Operation Date; and (ii) if the aggregate capacity of the Units for which the Commercial Operation Date has been achieved prior to Scheduled Commercial Operation Date is less than 75% (seventy five percent) of the Contracted Capacity.
6.4.4 In the event that Commercial Operation Date for any of the Units is achieved after the Scheduled Commercial Operation Date, the SPV shall be liable to pay Liquidated Damages as per the provisions set out below.
6.4.5 Without prejudice to any other rights of MSEDCL under this PPA, in case one or more Units of the SPV are unable to achieve Commercial Operation Date within a period of 2 (two) months from the Scheduled Commercial Operation Date, the capacity of such Units shall be annulled, and the Contracted Capacity shall be reduced to that extent. For Illustration: The Project has a Contracted Capacity of 100 MW and comprises of 10 Units of 10 MW each. If at the end of the aforementioned period of 14 (fourteen) months from the Effective Date, the SPV has achieved Commissioning for only 8 out of 10 Units, then the Contracted Capacity of th...
Commercial Operation Date. Seller shall cause the Facility to achieve Commercial Operation on or before the Guaranteed Commercial Operation Date; provided, however, that the date for achieving each Milestone (other than the dates for posting Pre-COD Security and Delivery Security) shall be extended on a day for day basis for any delay due solely to (i) PGE’s delay in taking, or failure to take, any action required of it hereunder in breach of this Agreement, or (ii) an event of Force Majeure.
Commercial Operation Date. (a) The “Target Date” for Commercial Operation is December 13, 2022 (as the same may be extended in accordance with Sections 4.1(c), 4.1(d) or 4.1(e)) or such later date to which the Parties shall mutually agree in writing. Absent written agreement by the Parties, the Target Date may not be extended beyond December 13, 2024 unless such extension is due to Regulatory Approval Delay or an event of Force Majeure as set forth in Sections 4.1(d) and 4.1(e). The provisions of Sections 4.1(c), 4.1(d), and 4.1(e) and all other provisions of this Agreement are subordinate to this Section 4.2 (a) and the aforesaid Section
4.1 provisions and such other provisions shall be construed in a manner that is consistent with this Section 4.2(a). Owner shall provide a written non-binding notice to Distribution Company no later than sixty (60) days before the date Owner reasonably expects the Commercial Operation Date to occur.
(b) At the request of Owner made in writing, Distribution Company shall cooperate with Owner, TransÉnergie and ISO-NE to support the Commissioning of the HVDC Transmission Project.
(c) As soon as practicable after Owner is of the opinion that the conditions to Commercial Operation, as set forth in Section 4.3, have been satisfied, or such conditions have been waived in writing by the Parties (except in the case of Section 4.3(b), Section 4.3(e), Section 4.3(g) and Section 4.3(h), which conditions may be waived in writing by Distribution Company, in its sole discretion), Owner shall deliver a written notice to Distribution Company specifying the date upon which Commercial Operation shall commence (the “COD Notice”), which commencement date shall occur no earlier than ten
Commercial Operation Date. (a) Subject to the provisions of Sections 3.1(c) through 3.1(f), Seller shall achieve the Commercial Operation Date by the Guaranteed Delivery Term Start Date.
(b) Seller shall provide Buyer with written notice of the achievement of the Commercial Operation Date within seven (7) days after that achievement, which notice shall include information demonstrating with reasonable specificity that such achievement has occurred. Seller acknowledges that Buyer will receive such notice solely for information purposes, and Buyer shall have no responsibility or liability for the development, construction, operation or maintenance of the Hydro-Québec Power Resources or any Transmission System or New Transmission Facilities.
(c) To the extent U.S. Transmission Provider elects to extend the deadline for the TSA Commercial Operation Date in accordance with the TSA, the Guaranteed Delivery Term Start Date hereunder shall be extended by such period(s), without additional Credit Support required by Seller under this Agreement.
(d) To the extent a Force Majeure event pursuant to Section 10.1 has occurred that prevents Seller from achieving the Commercial Operation Date by the Guaranteed Delivery Term Start Date, the Guaranteed Delivery Term Start Date hereunder shall be extended for the duration of the Force Majeure event, as contemplated by Section 10.1, without additional Credit Support required by Seller under this Agreement or any liability to Seller under this Section 3.1(d), but under no circumstances shall such extension exceed twelve (12) months. Without duplication, to the extent a Force Majeure event pursuant to Section 15.1 of the TSA not attributable to any action or omission of Seller or any of its Affiliates has occurred that prevents U.S. Transmission Provider from achieving the TSA Commercial Operation Date by the applicable Critical Milestone (as defined in the TSA) date, the Guaranteed Delivery Term Start Date shall be extended by such period(s) provided under the TSA, as contemplated by Section 10.1, without additional Credit Support required by, or any liability to, Seller under this Agreement, but under no circumstances shall such extension exceed twelve (12) months.
(e) In the event that the TSA Commercial Operation Date is extended due to a Regulatory Approval Delay in accordance with Section 4.1(e) of the TSA, the Guaranteed Delivery Term Start Date hereunder shall be extended by such period(s) provided under the TSA, subject to reduction of the exten...
Commercial Operation Date. As agreed to by the Parties.
Commercial Operation Date. The Phase-I and Phase-II or the Additional Capacity, as the case may be, shall be deemed to be complete when the Completion Certificate or Deemed Completion Certificate, as the case may be, is issued under the provisions of Article 14, and accordingly the commercial operation date of such Phase or the Additional Capacity, shall be the date on which such Completion Certificate or the Deemed Completion Certificate, as the case may be, is issued (the “COD”). The Phase-I, Phase-II, or any Additional Capacity, as the case may be, shall enter into commercial service on COD of each such Phase whereupon the Concessionaire shall be entitled to provide Healthcare Services, provided, however, that the entry of Phase-I, Phase-II or any Additional Capacity, into commercial service shall always be subject to compliance with Applicable Laws.
Commercial Operation Date. 3.7.1 The Seller shall use its reasonable endeavours to achieve the Commercial Operation Date by the Scheduled COD.
3.7.2 If the Seller becomes aware that, for any reason, the Commercial Operation Date will not be achieved by the Scheduled COD, the Seller shall, without any unreasonable delay, notify the Buyer in writing of that fact and the measures that it will take to mitigate such delay and of the impact of such measures on its ability to achieve the Scheduled COD, upon implementing such measures.
Commercial Operation Date. The Commercial Operation Date shall occur within thirty (30) days after the Completion Deadline, as extended pursuant to Section 4.2 (the “Commercial Operation Date Deadline”). Seller will give written notice to Buyer (a) approximately thirty (30) days before Seller expects the Commercial Operation Date to occur and (b) when the Commercial Operation Date has occurred.
Commercial Operation Date. The Commercial Operation Date shall not have occurred by December 31, 1999.
Commercial Operation Date. 4.5.1 The Seller shall give the Buyer no less than sixty (60) Days' prior written notice of its intention to issue the Notice of Commencement of Facility Unit in the form of Schedule 2 Part 1 and 2 (Facility Unit Completion Forms).
4.5.2 The Seller may not issue the notice of Commencement of Facility Unit Forms:
4.5.2.1 earlier than the day before the Scheduled COD;
4.5.2.2 until the Seller has demonstrated to the Independent Engineer that the Facility Unit is compliant with the Codes;
4.5.2.3 until the Seller has obtained written confirmation from the Independent Engineer that the Facility Unit complies with the Codes;
4.5.2.4 until NERSA, or any person nominated by NERSA for such purpose, has issued to the Seller a notification of the Facility Unit’s compliance with the Codes; and
4.5.2.5 until the Distributor has provided written confirmation, which confirmation will not be unreasonably withheld, to the Seller certifying that the Facility Unit may be connected to the System for the purposes of delivering Commercial Energy.
4.5.3 Following compliance with clause 4.5.1 and clause 4.5.2 and upon the Independent Engineer ascertaining the Facility Completion and receipt of the relevant Facility Completion Form pursuant to clause 4.3 (Facility Completion and Commissioning), the Seller shall issue the Notice of Commencement of Facility to the Buyer within two (2) Business Days of the delivery of the relevant Facility Completion Form, which notice shall be in the form of Schedule 1 Part 5 (Form of Notice of Commencement of Facility).
4.5.4 If the Facility Unit has achieved Facility Unit Completion in terms of clause