Commercial Operations Date. The earlier of: (1) the day on which the Seller notifies the Buyer that power deliveries can commence consistent with the terms of this Agreement, or (2) the day on which the Seller commences deliveries of electric energy to any buyer consistent with applicable law, including but not limited to, the Buyer, which shall, for the avoidance of doubt, exclude delivery of electric energy during any commissioning period.
Commercial Operations Date. The Commercial Operations Date shall not have occurred by the Date Certain.
Commercial Operations Date the date that the *** LNG production train of the Corpus Christi Stage III project achieves Substantial Completion (as defined in the EPC contract for the Corpus Christi Stage III project);
Commercial Operations Date. In the case of the issuance of the Term VP Letter of Credit, the Commercial Operations Date shall have occurred on or prior to such date.
Commercial Operations Date. The Commercial Operation (COD) shall mean the actual commissioning date of respective Unit(s) of the Power Project where upon the Seller starts injecting power from the Power Project to the Delivery Point;
Commercial Operations Date. (a) Within 7 days from the date of issuance or deemed issuance of the Trial Operations Completion Certificates for the Farrukhabad Facilities and the Fatehgarh Facilities, the Executive Agency shall issue the COD Certificate, with a copy to NMCG, subject to the following conditions having been fulfilled by the Concessionaire:
(i) the Concessionaire having received the Construction Completion Certificate for the Location
(ii) the Concessionaire having submitted to the Executive Agency the Scheduled Maintenance Programme for the first year post COD; and
(iii) the O&M Manual having been approved by the Executive Agency
(iv) the Concessionaire having submitted the Farrukhabad O&M Security and the Fatehgarh O&M Security to the Executive Agency.
(v) the Concessionaire having paid any Interim Availability Liquidated Damages, if applicable.
(b) If the Executive Agency fails to issue the COD Certificate to the Concessionaire within 7 days from the date of satisfaction of the conditions set out in Clause 7.15
(a) above and fails to notify the Concessionaire of any reasons for the failure to issue the COD Certificate, then, the COD Certificate shall be deemed to have been issued to the Concessionaire upon the expiry of the 7 day period.
(c) The date on which the COD Certificate is issued or deemed to have been issued to the Concessionaire shall be the Commercial Operations Date of the Facilities.
Commercial Operations Date. Purchaser anticipates that the Commercial Operations Date will occur prior to December 31, 2010 (the “Target Date”). If the Commercial Operations Date has not occurred by that time, Seller agrees not to exercise its option to terminate as provided in Article 6.2(d), and will provide Purchaser an extension beyond that date, but in no event later than December 31, 2012 (the “Extension Date”), so long as Purchaser pays Seller fifty percent (50%) of the applicable compensation that would have been paid to Seller if Purchaser were to have processed and sold all Qualifying Landfill Gas made available by Seller at the then current NEW YORK MERCANTILE EXCHANGE monthly settling price for Natural Gas (“NYMEX”) (using the same assumptions for determining assumed Gross Revenues as described in Article 4.2); provided, however, the Target Date and the Extension Date shall be extended without additional payment by Purchaser (i) to the extent any such delay is a result of Seller’s breach of any term or condition of this Agreement, and/or (ii) to the extent any such delay is a result of Purchaser’s or Seller’s inability, with the exercise of due diligence, to obtain the permits or approvals necessary to conduct the operations contemplated by this Agreement, and/or (iii) to the extent any such delay is a result of AGL’s failure to complete construction of the pipeline(s) necessary to transport the Landfill Gas from Purchaser’s Site, and/or (iv) by the number of days that Purchaser can reasonably demonstrate that its ability to achieve Commercial Operations prior to the Target Date were caused primarily by Seller’s closure and/or post-closure activities. Any delay of the nature described in subsection (iv) above shall be taken into account only if Purchaser can demonstrate that Seller’s closure/post-closure activities demonstrably affected Purchaser’s ability to construct and put in place in a timely manner Purchaser’s Facilities at Seller’s Site necessary to process and transmit Landfill Gas or negatively affect the quality of the Landfill Gas such that it does not meet the standards set forth in Article 7.1.
Commercial Operations Date. 3.1.1 The commercial operations date of the Project shall be the date on which the Developer receives the ‘Occupancy Certificate’, as issued by relevant authorities, in relation to the Project and submits a copy of the same to the SPV for its records (the "COD").
3.1.2 Upon completion of construction of 50% (fifty percent) Planned Built-Up Area of the Project, the Developer shall be entitled to receive and/or collect any revenue, payments, any other financial/monetary consideration in the form of security deposits, refundable security deposits, premium payments, upfront payments or any other consideration/payment of a like nature with respect to any arrangements it may enter into with any person, in accordance with Clause 2.2 (g), in relation to the Project. For the avoidance of doubt, the Developer shall be responsible for funding all capital requirements for the Project till it achieves 50% (fifty percent) Planned Built- Up Area of the Project.
3.1.3 The Developer will notify the SPV forthwith in writing, the date on which 50% (fifty percent) Planned Built-Up Area of the Project is achieved. To enable the SPV to ascertain whether 50% (fifty percent) Planned Built-Up Area of the Project has been achieved, the Developer will provide the SPV with all necessary documents to evidence such completion, including but not limited to, certificates from the lenders of the Developer and the engineer involved in the development of the Project.
Commercial Operations Date. (a) Within 7 days from the date of issuance of the Trial Operations Completion Certificate, the Jal Xxxxx shall issue the COD Certificate, with a copy to NMCG, subject to the following conditions having been fulfilled by the Concessionaire:
(i) the O&M Manual having been approved by the Jal Xxxxx;
(ii) the Concessionaire having submitted to the Jal Xxxxx the Scheduled Maintenance Programme for the first year post COD; and
(iii) the Concessionaire having submitted the O&M Security to the Jal Xxxxx.
(b) The date on which the COD Certificate is issued to the Concessionaire shall be the Commercial Operations Date of the Facilities and the Associated Infrastructure.
Commercial Operations Date. The Rova I Commercial Operations Date shall not have occurred on or prior to August 1, 1994 or the Rova II Commercial Operations Date shall not have occurred on or prior to August 1, 1995.
