Common use of Completion of Other Project Milestones Clause in Contracts

Completion of Other Project Milestones. Within thirty (30) days of completion of each Project Milestone (other than the Commercial Operation Date) but not later than the date specified for achievement of each Project Milestone listed in Exhibit N, Seller shall notify PacifiCorp in writing of the achievement of the Project Milestone, including such written documentation as PacifiCorp may reasonably request demonstrating Seller’s achievement of the Project Milestone. Within fifteen (15) Business Days’ of receipt of Seller’s written notice and documentation, PacifiCorp shall provide Seller with written acceptance or denial of the Project Milestone. If PacifiCorp does not provide written acceptance or denial of any Project Milestone within such fifteen (15) Business Day period, then such Project Milestone will be deemed to have been achieved on the date of receipt of Seller’s notice and documentation. If PacifiCorp informs Seller in writing within such fifteen (15) Business Day period that PacifiCorp believes the Project Milestone has not been achieved, identifying the specific areas of deficiency, then, unless Seller disputes such information from PacifiCorp, in which case Seller may submit the matter for dispute resolution in accordance with Section 24, Seller must address the deficiencies stated in PacifiCorp’s notice to the reasonable satisfaction of PacifiCorp and resubmit a notice to PacifiCorp stating that Xxxxxx believes that the Project Milestone has been achieved and the process set forth in this Section 2.2.4 shall repeat. If any Project Milestone (other than the Commercial Operation Date) is not achieved on or before the date specified in Exhibit N, then Seller shall: (a) inform PacifiCorp of a revised projected date for the achievement of such Project Milestone (which will be deemed the new deadline for such Project Milestone), and any impact on the timing of the Commercial Operation Date (and on any other Project Milestone); and (b) provide PacifiCorp with a written report containing Seller’s analysis of the reasons behind the failure to meet the original Project Milestone deadline and whether remedial actions are necessary or appropriate, and describing any remedial actions that Seller intends to undertake to ensure the timely achievement of the Commercial Operation Date by the Scheduled Commercial Operation Date. If Seller complies with the preceding sentence, including undertaking any remedial action to ensure the timely achievement of the Commercial Operation Date by the Scheduled Commercial Operation Date, then no failure of Seller to achieve a Project Milestone (other than the Commercial Operation Date) on or before the scheduled date in Exhibit N will constitute an Event of Default.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Energy Storage Agreement

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Completion of Other Project Milestones. Within thirty (30) days of completion of each Project Milestone (other than the Commercial Operation DateOperation) but not later than the date specified for achievement of each Project Milestone listed in Exhibit N, Seller shall notify PacifiCorp in writing of the achievement of the Project Milestone, including such written documentation as specified in Exhibit N in form and substance reasonably satisfactory to PacifiCorp may reasonably request demonstrating Seller’s achievement of the Project Milestone. Within fifteen (15) Business Days’ of receipt of Seller’s written notice and documentation, PacifiCorp shall provide Seller with written acceptance or denial of the Project Milestone. If PacifiCorp does not provide written acceptance or denial of any Project Milestone within such fifteen (15) Business Day period, then such Project Milestone will be deemed to have been achieved on the date of receipt of Seller’s notice and documentation. If PacifiCorp informs Seller in writing within such fifteen (15) Business Day period that PacifiCorp believes the Project Milestone has not been achieved, identifying the specific areas of deficiency, then, unless Seller disputes such information from PacifiCorp, in which case Seller may submit the matter for dispute resolution in accordance with Section 24, Seller must address the deficiencies stated in PacifiCorp’s notice to the reasonable satisfaction of PacifiCorp and resubmit a notice to PacifiCorp stating that Xxxxxx believes that the Project Milestone has been achieved and the process set forth in this Section 2.2.4 shall repeat. If any Project Milestone (other than the Commercial Operation DateOperation) is not achieved on or before the date specified in Exhibit N, then Seller shall: (a) inform PacifiCorp of a revised projected date for the achievement of such Project Milestone (which will be deemed the new deadline for such Project Milestone), and any impact on the timing of the Commercial Operation Date (and on any other Project Milestone); and (b) provide PacifiCorp with a written report containing Seller’s analysis of the reasons behind the failure to meet the original Project Milestone deadline and whether remedial actions are necessary or appropriate, and describing any remedial actions that Seller intends to undertake to ensure the timely achievement of the Commercial Operation Date by the Scheduled Commercial Operation Date. If Seller complies with the preceding sentence, including undertaking any remedial action to ensure the timely achievement of the Commercial Operation Date by the Scheduled Commercial Operation Date, then no failure of Seller to achieve a Project Milestone (other than the Commercial Operation DateOperation) on or before the scheduled date in Exhibit N will constitute an Event of Default.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Completion of Other Project Milestones. Within thirty (30) days of completion of each Project Milestone (other than the Commercial Operation Date) but not later than the date specified for achievement of each Project Milestone listed in Exhibit N, Seller shall notify PacifiCorp in writing of the achievement of the Project Milestone, including such written documentation as PacifiCorp may reasonably request demonstrating Seller’s achievement of the Project Milestone. Within fifteen (15) Business Days’ of receipt of Seller’s written notice and documentation, PacifiCorp shall provide Seller with written acceptance or denial of the Project Milestone. If PacifiCorp does not provide written acceptance or denial of any Project Milestone within such fifteen (15) Business Day period, then such Project Milestone will be deemed to have been achieved on the date of receipt of Seller’s notice and documentation. If PacifiCorp informs Seller in writing within such fifteen (15) Business Day period that PacifiCorp believes the Project Milestone has not been achieved, identifying the specific areas of deficiency, then, unless Seller disputes such information from PacifiCorp, in which case Seller may submit the matter for dispute resolution in accordance with Section 24, Seller must address the deficiencies stated in PacifiCorp’s notice to the reasonable satisfaction of PacifiCorp and resubmit a notice to PacifiCorp stating that Xxxxxx Seller believes that the Project Milestone has been achieved and the process set forth in this Section 2.2.4 shall repeat. If any Project Milestone (other than the Commercial Operation Date) is not achieved on or before the date specified in Exhibit N, then Seller shall: (a) inform PacifiCorp of a revised projected date for the achievement of such Project Milestone (which will be deemed the new deadline for such Project Milestone), and any impact on the timing of the Commercial Operation Date (and on any other Project Milestone); and (b) provide PacifiCorp with a written report containing Seller’s analysis of the reasons behind the failure to meet the original Project Milestone deadline and whether remedial actions are necessary or appropriate, and describing any remedial actions that Seller intends to undertake to ensure the timely achievement of the Commercial Operation Date by the Scheduled Commercial Operation Date. If Seller complies with the preceding sentence, including undertaking any remedial action to ensure the timely achievement of the Commercial Operation Date by the Scheduled Commercial Operation Date, then no failure of Seller to achieve a Project Milestone (other than the Commercial Operation Date) on or before the scheduled date in Exhibit N will constitute an Event of Default.

Appears in 1 contract

Samples: Energy Storage Agreement

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