Common use of Commercial Operation Deadline Clause in Contracts

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 deadlines to obtain such Permit Approval. (d) Notwithstanding anything in this Agreement to the contrary, the Commercial Operation Deadline may not be later than thirty (30) months from the date of CPUC Approval. (e) Upon request from SCE, Seller shall provide documentation demonstrating to SCE’s reasonable satisfaction that the delays described in Section 1.04(b) or 1.04(c) (as applicable), did not result from Seller’s action or failure to take action as described in Section 1.04(b) or 1.04(c) (as applicable).

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) If all of the interconnection facilities, transmission upgrades and new transmission facilities, if any, described in Seller’s '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 '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 '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 on a day-for-day basis until all of the date that is twenty- four (24) months from the date of CPUC Approval; providedinterconnection facilities, howevertransmission upgrades and new transmission facilities, such extension shall not be given if the failure to meet the estimated completion date set forth any, described in Seller’s 's interconnection agreement was as a result of Seller’s failure and required to interconnect the Generating Facility to the CAISO Controlled Grid have been completed and placed into operation by the CAISO or the Transmission Provider, except to the extent any delay in such completion and placement into operation results from Seller failing to complete its obligations, take all actions and meet all of its deadlines under Seller’s '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 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 's receipt of Notice from Seller, which Notice must be provided at least sixty (60) days before the date that is twenty-twenty- four (24) months from the date of CPUC Approval, the Commercial Operation Deadline shall be extended six (6) months on a day-for-day basis until Seller obtains Permit Approval, except to the extent any such delay results 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 Seller failing to take all commercially reasonable actions to apply for and meet all of its requirements and deadlines to obtain such Permit Approval. (d) Notwithstanding anything in this Agreement to the contrary, the Commercial Operation Deadline may not be later than thirty (30) months from the date of CPUC Approval. (e) Upon request from SCE, Seller shall provide documentation demonstrating to SCE’s reasonable satisfaction that the delays described in Section 1.04(b) or 1.04(c) (as applicable), did not result from Seller’s action or failure to take action as described in Section 1.04(b) or 1.04(c) (as applicable).

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 Article One -- §1.01 Special Conditions 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 deadlines to obtain such Permit Approval. (d) Notwithstanding anything in this Agreement to the contrary, the Commercial Operation Deadline may not be later than thirty (30) months from the date of CPUC Approval. (e) Upon request from SCE, Seller shall provide documentation demonstrating to SCE’s reasonable satisfaction that the delays described in Section 1.04(b) or 1.04(c) (as applicable), did not result from Seller’s action or failure to take action as described in Section 1.04(b) or 1.04(c) (as applicable).

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) 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 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 on a day-for-day basis until all of the date that is twenty- four (24) months from the date of CPUC Approval; providedinterconnection facilities, howevertransmission upgrades and new transmission facilities, such extension shall not be given if the failure to meet the estimated completion date set forth any, described in Seller’s interconnection agreement was as a result of Seller’s failure and required to interconnect the Generating Facility to the CAISO Controlled Grid have been completed and placed into operation by the CAISO or the Transmission Provider, except to the extent any delay in such completion and placement into operation 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. (c) Subject to Section 1.04(e), if 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-twenty- four (24) months from the date of CPUC Approval, the Commercial Operation Deadline shall be extended six (6) months on a day-for-day basis until Seller obtains Permit Approval, except to the extent any such delay results 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 Seller failing to take all commercially reasonable actions to apply for and meet all of its requirements and deadlines to obtain such Permit Approval. (d) Notwithstanding anything in this Agreement to the contrary, the Commercial Operation Deadline may not be later than thirty (30) months from the date of CPUC Approval. (e) Upon request from SCE, Seller shall provide documentation demonstrating to SCE’s reasonable satisfaction that the delays described in Section 1.04(b) or 1.04(c) (as applicable), did not result from Seller’s action or failure to take action as described in Section 1.04(b) or 1.04(c) (as applicable).