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
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
