Commercial Operation Deadline. (a) Subject to any extensions made pursuant to Sections 1.04(b), 1.04(c), 3.06(c) or 5.03, and further subject to Section 1.04(d), the Commercial Operation Date must be no later than the earlier of (i) one hundred twenty (120) days from the Initial Synchronization Date, and (ii) twenty-four (24) months from the date of CPUC Approval (“Commercial Operation Deadline”).
(b) Subject to Section 1.04(e), if (i) all of the interconnection facilities, transmission upgrades and new transmission facilities, if any, described in Seller’s interconnection agreement and required to interconnect the Generating Facility to the CAISO Controlled Grid have not been completed and placed into operation by the CAISO or the Transmission Provider on the estimated completion date set forth in Seller’s interconnection agreement, and (ii) the estimated completion date set forth in Seller’s interconnection agreement is within twenty-four (24) months from the date of CPUC Approval, then, upon SCE’s receipt of Notice from Seller, which Notice must be provided at least sixty (60) days before the date that is twenty-four (24) months from the date of CPUC Approval, the Commercial Operation Deadline shall be extended six (6) months from the date that is twenty- four (24) months from the date of CPUC Approval; provided, however, such extension shall not be given if the failure to meet the estimated completion date set forth in Seller’s interconnection agreement was as a result of Seller’s failure to complete its obligations, take all actions and meet all of its deadlines under Seller’s interconnection agreement needed to ensure timely completion and operation of such interconnection facilities, transmission upgrades and new transmission facilities.
(c) Subject to Section 1.04(e), if Seller has not obtained Permit Approval on or before that date that is ninety (90) days before the date that is twenty-four (24) months from the date of CPUC Approval, then, upon SCE’s receipt of Notice from Seller, which Notice must be provided at least sixty (60) days before the date that is twenty-four (24) months from the date of CPUC Approval, the Commercial Operation Deadline shall be extended six (6) months from the date that is twenty- four (24) months from the date of CPUC Approval; provided, however, such extension shall not be given if the failure to obtain Permit Approval was as a result of Seller’s failure to take all commercially reasonable actions to apply for and meet all of its requirements and ...
Commercial Operation Deadline. The Commercial Operation Date must be no later than [sixty (60) days] {for Baseload} [one hundred twenty (120) days] {for Intermittent} from the Initial Synchronization Date (“Commercial Operation Deadline”); provided, however, that, notwithstanding anything in this Agreement to the contrary, the Commercial Operation Deadline may not be later than [Date]. Subject to the preceding sentence, the Commercial Operation Deadline will be extended on a day-for-day basis for any delay in enactment of the Federal Tax Credit Legislation beyond [Date].
Commercial Operation Deadline. Subject to extensions made pursuant to Sections 1.04(a), 3.06(c) or 5.03, the Commercial Operation Date must be no later than one hundred twenty (120) days from the Initial Synchronization Date (“Commercial Operation Deadline”).
(a) If all of the interconnection facilities, transmission upgrades and new transmission facilities, if any, described in Seller’s interconnection agreement and required to interconnect the Generating Facility to the CAISO Controlled Grid have not been completed and placed into operation by the CAISO or the Transmission Provider on or before the estimated completion date set forth in Seller’s interconnection agreement, then the Commercial Operation Deadline shall be extended on a day-for-day basis until such completion and placement into operation, except to the extent any such delay results from Seller failing to complete its obligations, take all actions and meet all of its deadlines under Seller’s interconnection agreement needed to ensure timely completion and operation of such interconnection facilities, transmission upgrades and new transmission facilities.
(b) Notwithstanding anything in this Agreement to the contrary, the Commercial Operation Deadline may not be later than June 30, 2016.
Commercial Operation Deadline v
(a) System Owner shall use commercially reasonable efforts to (i) meet the Conditions Precedent set out in Section 5.2, (ii) cause installation of the System to be completed and (iii) cause the System to begin Commercial Operation on or before the Commercial Operation Deadline.
(b) Host Customer shall use commercially reasonable efforts to satisfying the Conditions Precedent set forth in Section 5.2.
(c) Subject to each Party’s obligation to satisfy the Conditions Precedent set out in Sections 5.1 and Section 5.2, to the extent that Commercial Operation has not commenced on or before the Commercial Operation Deadline, the Parties may, upon mutual written agreement, extend the Commercial Operation Deadline by no more than [ ] days.
(d) If, as a result of an event of Force Majeure or as provided in this Section 5.3, Commercial Operation has not commenced on or before the Commercial Operation Deadline, then subject to Section 5.4, each Party shall have the option to terminate this Agreement upon fifteen (15) Business Days’ written notice to the other Party without triggering the default provisions of this Agreement or any liability under this Agreement.
Commercial Operation Deadline. Subject to extensions made pursuant to Sections 1.04(a), 1.04(b), 3.06(c) or 5.03, the Commercial Operation Date must be no later than one hundred twenty (120) days from the Initial Synchronization Date (“Commercial Operation Deadline”).
(a) If all of the interconnection facilities, transmission upgrades and new transmission facilities, if any, described in Seller’s interconnection agreement and required to interconnect the Generating Facility to the CAISO Controlled Grid have not been completed and placed into operation by the CAISO or the Transmission Provider on or before the estimated completion date set forth in Seller’s interconnection agreement, then the Commercial Operation Deadline shall be extended on a day-for-day basis until such completion and placement into operation, except to the extent any such delay results from Seller failing to complete its obligations, take all actions and meet all of its deadlines under Seller’s interconnection agreement needed to ensure timely completion and operation of such interconnection facilities, transmission upgrades and new transmission facilities.
(b) The Commercial Operation Deadline will be extended on a day-for-day basis for any delay in enactment of the Federal Tax Credit Legislation, but in no event shall the Commercial Operation Deadline be extended beyond the date set forth in Section 1.04(c).
(c) Notwithstanding anything in this Agreement to the contrary, the Commercial Operation Deadline may not be later than September 1st 2015.
Commercial Operation Deadline. (a) Subject to any extensions made pursuant to Sections 3.06(c) or 5.03, and further subject to Section 1.03(c), the Commercial Operation Date must be no later than [N/A] (“Commercial Operation Deadline”). Article One – §1.01 Special Conditions
(b) Subject to Section 1.03(d), if Seller has not obtained Permit Approval on or before that date that is ninety (90) days before the date that is twenty-four (24) months from the date of CPUC Approval, then, upon SCE’s receipt of Notice from Seller, which Notice must be provided at least sixty (60) days before the date that is twenty-four (24) months from the date of CPUC Approval, the Commercial Operation Deadline shall be extended six (6) months from the date that is twenty-four (24) months from the date of CPUC Approval; provided, however, such extension shall not be given if the failure to obtain Permit Approval was as a result of Seller’s failure to take all commercially reasonable actions to apply for and meet all of its requirements and deadlines to obtain such Permit Approval.
(c) Notwithstanding anything in this Agreement to the contrary, the Commercial Operation Deadline may not be later than the date that is forty-two months from the date of CPUC Approval.
(d) Upon request from SCE, Seller shall provide documentation demonstrating to SCE’s reasonable satisfaction that the delays described in Section 1.03(b), did not result from Seller’s action or failure to take action as described in Section 1.03(b).
Commercial Operation Deadline. (a) System Owner shall use commercially reasonable efforts to (i) meet the Conditions Precedent, (ii) cause installation of the System to be completed and (iii) cause the System to begin Commercial Operation on or before six (6) months following the Commencement Date for Construction (the “Commercial Operation Deadline”). The Commercial Operation Deadline is expressly subject to the Force Majeure provisions set for in Article 13 below.
(b) Host Customer shall use commercially reasonable efforts to assist System Owner in satisfying the Conditions Precedent set forth in Section 4.1.
(c) Notwithstanding the foregoing, to the extent that Commercial Operation has not commenced on or before the Commercial Operation Deadline, System Owner may, by written notice to Host Customer within ten (10) Business Days after the Commercial Operation Deadline, extend the Commercial Operation Deadline by no more than one hundred eighty (180) days. The Commercial Operation Deadline can be extended for an additional one hundred eighty (180) day by System Owner by further 10- Business Day notice if the Commercial Operation Deadline has not been met due to government, Host Utility and/or Host Customer approvals sought, but not received, prior to the Commercial Operation Deadline, as same may have been extended.
(d) If Commercial Operation has not commenced on or before the Commercial Operation Deadline or any extension thereof due to Force Majeure or as provided in Section 4.2(c) above, System Owner shall have the option to terminate this Agreement upon seven (7) days' written notice of such termination to Host Customer without triggering the default provisions of this Agreement or any liability under this Agreement.
Commercial Operation Deadline.
(a) Subject to any extensions made pursuant to Sections 1.04(b), 1.04(c), 3.06(c) or 5.03, and further subject to Section 1.04(d), the Commercial Operation Date must be no later than the earlier of (i) one hundred twenty (120) days from the Initial Synchronization Date, and (ii) twenty-four (24) months from the date of CPUC Approval (“Commercial Operation Deadline”).
(b) Subject to Section 1.04(e), if (i) all of the interconnection facilities, transmission upgrades and new transmission facilities, if any, described in Seller’s interconnection agreement and required to interconnect the Generating Facility to the CAISO Controlled Grid have not been completed and placed into operation by the CAISO or the Transmission Provider on the estimated completion date set forth in Seller’s interconnection agreement, and
Commercial Operation Deadline. (a) Subject to extensions made pursuant to Sections 1.04(b), 3.06(c) or 5.03, the Commercial Operation Date must be no later than the earlier of (i) one hundred twenty (120) days from the Initial Synchronization Date, and (ii) thirty-six (36) months from the date of CPUC Approval (“Commercial Operation Deadline”); provided, however, that, notwithstanding anything in this Agreement to the contrary, the Commercial Operation Deadline may not be later than forty-two (42) months from the date of CPUC Approval.
(b) If all of the interconnection facilities, transmission upgrades and new transmission facilities, if any, described in Seller’s interconnection agreement and required to interconnect the Generating Facility to the CAISO Controlled Grid have not been completed and placed into operation by the CAISO or the Transmission Provider on or before the estimated completion date set forth in Seller’s interconnection agreement, then the Commercial Operation Deadline shall be extended on a day-for-day basis until such completion and placement into operation, except to the extent any such delay results from Seller failing to complete its obligations, take all actions and meet all of its deadlines under Seller’s interconnection agreement needed to ensure timely completion and operation of such interconnection facilities, transmission upgrades and new transmission facilities.
Commercial Operation Deadline. Section 3.2 of the Confirmation shall be deleted in its entirety and replaced with the following:
