Commercial Operation Date Deadline. The Commercial Operation Date shall occur (i) no earlier than the PUC Approval Date described in Section 25.14 (PUC Approval), and (ii) no later than the later of December 30, 2011 or PUC Approval Date. A failure to achieve the Commercial Operation Date within the time specified in Section 8.1A(1) (Events of Default, Default by the Seller) shall be treated in accordance with the provisions of Section 2.4B (Failure to Meet Commercial Operation Date Deadline) applicable to such failure.

Commercial Operation Date Deadline. The Commercial Operation Date shall occur no later than (i) [__], or (ii) [__] months after receipt of the PUC Approval Order described in Section 25.12 (PUC Approval), whichever is later (the “Commercial Operation Date Deadline”), unless deferred pursuant to Section 3.3(B) (Company Right to Defer the Commercial Operation Date). A failure to achieve the Commercial Operation Date by the Commercial Operation Date Deadline shall be treated in accordance with the provisions of Section 2.4(B) (Failure to Meet Commercial Operation Date Deadline).

Commercial Operation Date Deadline. The Commercial Operation Date shall occur no later than the date set forth in Attachment B (Milestone Events) (the “Commercial Operation Date Deadline”). A failure to achieve the Commercial Operation Date by the Commercial Operation Date Deadline shall be treated in accordance with the provisions of Section 2.4(B) (Failure to Meet Commercial Operation Date Deadline).

Commercial Operation Date Deadline. A condition or event of Force Majeure affecting the achievement of the Commercial Operation Date Deadline shall not relieve Seller from liability for any of the following: Milestone Delay Damages under Section 2.4(A)(1)(b) (Milestone Delay Damages), Daily Delay Damages under Section 2.4(B)(3) (Daily Delay Damages and Termination Right) and Section 9.4(C) (Daily Delay), or Pre-COD Termination Damages for early termination under Section 2.4(A)(1)(c) (Termination and Pre-COD Termination Damages) and Section 9.3(A) (Pre-COD Termination Damages), although such a condition or event of Force Majeure shall, if and for so long as the conditions or event of Section 18.2(A) (No Liability) are satisfied, have the effect of deferring such liability to the extent of the applicable grace period provided in Section 2.4(B)(1)(a) (Failure to Meet Commercial Operation Date Deadline, Force Majeure).

Commercial Operation Date Deadline. Construction of the Interconnection Facilities and Interconnection Acceptance Test shall be completed in accordance with the requirements of this Interconnection Agreement and the PPA by 60-days prior to the Commercial Operation Date Deadline, as extended for Force Majeure, if applicable. (i) Seller agrees to use commercially reasonable efforts to complete Switchyard and turn-over to Company for energizing and the Interconnection Acceptance Test in advance of the Facility’s Acceptance Test. (ii) If Seller and Company agree that the Switchyard will not be complete by the Commercial Operation Date Deadline, Company shall make temporary provisions for the interconnection of the Facility through the use of the Substation at least 60-days prior to energizing the Facility to the grid, in a manner satisfactory to Company, until such Interconnection Facility is completed. (iii) Seller must notify Company at least one hundred twenty (120) Days prior to the Commercial Operation Date Deadline that the use of the Substation for a temporary interconnection of the Facility will be required. (iv) Construction and testing of the Switchyard shall be completed as soon as practicable; in any event, the Switchyard must be completed within six (6) months of the start of work on the temporary connection.

Commercial Operation Date Deadline. If the System has not achieved Commercial Operation by September 8, 2017, subject to a day-for-day extension for any Material Event or cure as described below, and only until the System has achieved Commercial Operation, Buyer may terminate this PPA without penalty subject to Section 2.5 by providing Seller with notice pursuant to Section 16.1. Alternatively, in the event that the System has not achieved Commercial Operation by September 8, 2017, the Parties may mutually agree to amend this Agreement.

Related to Commercial Operation Date Deadline

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 the Project will stand reduced for the capacity of the 2 Units which have not been Commissioned, i.e. the Contracted Capacity will be 80 (100 (original Contracted Capacity)) – 10 (capacity of each Unit)*2 (number of Units not Commissioned).
Commercial Operation (i) On or before December 31, 2021, Interconnection Customer must demonstrate commercial operation of all generating units. Demonstrating commercial operation includes achieving Initial Operation in accordance with Section 1.4 of Appendix 2 to this ISA and making commercial sales or use of energy, as well as, if applicable, obtaining capacity qualification in accordance with the requirements of the Reliability Assurance Agreement Among Load Serving Entities in the PJM Region.
Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by October 31, 2024.
Post-Commercial Operation Date Testing and Modifications Each Party shall at its own expense perform routine inspection and testing of its facilities and equipment in accordance with Good Utility Practice as may be necessary to ensure the continued interconnection of the Large Generating Facility with the Participating TO’s Transmission System in a safe and reliable manner. Each Party shall have the right, upon advance written notice, to require reasonable additional testing of the other Party’s facilities, at the requesting Party’s expense, as may be in accordance with Good Utility Practice.
Commercial Operation Date Testing and Modifications Prior to the Commercial Operation Date, the Connecting Transmission Owner shall test the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades and Developer shall test the Large Generating Facility and the Developer Attachment Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Developer and Connecting Transmission Owner shall each make any modifications to its facilities that are found to be necessary as a result of such testing. Developer shall bear the cost of all such testing and modifications. Developer shall generate test energy at the Large Generating Facility only if it has arranged for the injection of such test energy in accordance with NYISO procedures.
Substantial Completion Date Substantial Completion of the Work as defined in Article 6.1.2 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by July 31, 2022.
Termination Date Determination Seller will not designate the Termination Date (as defined in the Receivables Sale Agreement), or send any written notice to Originator in respect thereof, without the prior written consent of the Agent, except with respect to the occurrence of such Termination Date arising pursuant to Section 5.1(d) of the Receivables Sale Agreement.
Start Date The parental leave must begin no later than 52 weeks after the day the child is born or comes into the custody, care and control of the parent for the first time for provincially or federally regulated employees. The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the care and control of the parent for the first time.
Project Completion Date It is agreed between the Parties that the Project Completion Date is <END DATE, YEAR>. If the Project is not completed by such date then, subject to an amendment agreed to between the Parties, Alberta Innovates may elect to terminate this Investment Agreement. In such event, Alberta Innovates will notify the Applicant of its decision to terminate as soon as reasonably practical and shall advise the Applicant of the effective date of termination. Alberta Innovates will have no liability or obligation to reimburse the Applicant for any Project Costs incurred after the effective date of termination and may require the Applicant to return any portions of the Investment which were spent on Ineligible Expenses. Additionally, any portion of the Investment not used and accounted for in accordance with this Agreement as of the Project Completion Date or earlier termination is repayable by the Applicant to AI at AI’s request.
Termination Date, Etc “Termination Date” shall mean in the case of the Executive’s death, his date of death, or in all other cases, the date specified in the Notice of Termination subject to the following:

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