Conditions Precedent to Commencement of Construction and Installation. Commencement by the Provider of construction and installation activities with respect to a Site shall be subject to the satisfaction of the following conditions precedent (in addition to the condition set forth in Section 3.3): 3.2.1 Provider shall have closed full financing for the Solar Services to be performed at the Site and, to the extent required pursuant to the applicable financing documentation, Provider shall have reached written agreement with the U.S. third party financing institution, pursuant to which Provider may assign some or all of its rights and obligations hereunder to such third party (or its designated Affiliate) under an amended and restated version of this Agreement to be negotiated prior to consummation of the financing for the Solar Services; 3.2.2 Provider and Customer shall have executed a Lease for the Site; 3.2.3 Provider shall have entered into the applicable contract(s) for construction and installation of the System, subject to the terms of the applicable financing, if any; 3.2.4 Provider shall have obtained, at its sole expense, the permits, licenses and other approvals required by Applicable Law, including, without limitation, all necessary DSA approvals to be obtained by Provider prior to such commencement; and 3.2.5 Provider shall have received satisfactory notice that the applications for Environmental Financial Incentives for the System at the Site have been accepted and approved by the appropriate governing agency; provided, however, if the foregoing conditions precedent are not completed by the date that falls two hundred and forty (240) days after the Effective Date, Provider shall have the option to terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement. Alternatively, in the event that such conditions precedent are not satisfied by such date, the Parties may mutually agree to amend this Agreement to revise the Commercial Operation Date and term of this Agreement.
Appears in 16 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Conditions Precedent to Commencement of Construction and Installation. 3.2.1 Commencement by the Provider of construction and installation activities with respect to a Site shall be the System are subject to the satisfaction of the following conditions precedent (in addition to the condition set forth in Section 3.3):
3.2.1 (a) Provider shall have closed full financing for construction and long-term ownership of the System and the Solar Services to be performed at the Site and, to the extent required pursuant to the applicable financing documentation, Provider shall have reached written agreement with the U.S. third party financing institution, pursuant institution providing such financing shall have been provided with the materials referred to which Provider may assign some or all of its rights in Section 14.17 and obligations hereunder to such third party (or its designated Affiliate) under an amended and restated version of this Agreement to be negotiated prior to consummation of the financing for the Solar ServicesSection 16;
3.2.2 Provider and Customer shall have executed a Lease for the Site;
3.2.3 (b) Provider shall have entered into the applicable contract(s) for construction and installation of the System, subject to the terms of the applicable financing, if any;
3.2.4 (c) Provider shall have obtained, at its sole expense, obtained the permits, licenses and other approvals required by Applicable Law, including, without limitation, all necessary DSA approvals Law to be obtained by Provider prior to such commencement; and;
3.2.5 (d) Provider shall have received satisfactory notice that the applications for Environmental Financial Incentives for the System at the Site have been accepted and approved by the appropriate governing agency; and
(e) Provider shall have received from Customer satisfactory evidence that the project—including the System, the License, and the work and Solar Services described in this Agreement—is exempt from the regulatory jurisdiction of local agencies (including zoning, building, and land-use requirements) or that all required local agency approvals and permits have been obtained. provided, however, that if any of the foregoing conditions precedent are have not completed by been satisfied on or before June 17, 2020 (the date that falls two hundred and forty (240) days after the Effective “CP Date”), Provider shall have the option to terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement, and if Provider does not terminate this Agreement one hundred eighty (180) days following the CP Date, Customer may terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement. Alternatively, in the event that such conditions precedent are not satisfied by such date, the Parties may mutually agree to amend this Agreement to revise the Commercial Operation Date and term of this Agreement.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Conditions Precedent to Commencement of Construction and Installation.
3.2.1 Commencement by the Provider of construction and installation activities with respect to a Site shall be the System are subject to the satisfaction of the following conditions precedent (in addition to the condition set forth in Section 3.3):
3.2.1 (a) Provider shall have closed full financing for construction and long-term ownership of the System and the Solar Services to be performed at the Site and, to the extent required pursuant to the applicable financing documentation, Provider shall have reached written agreement with the U.S. third party financing institution, pursuant institution providing such financing shall have been provided with the materials referred to which Provider may assign some or all of its rights in Section 14.17 and obligations hereunder to such third party (or its designated Affiliate) under an amended and restated version of this Agreement to be negotiated prior to consummation of the financing for the Solar ServicesSection 16;
3.2.2 Provider and Customer shall have executed a Lease for the Site;
3.2.3 (b) Provider shall have entered into the applicable contract(s) for construction and installation of the System, subject to the terms of the applicable financing, if any;
3.2.4 (c) Provider shall have obtained, at its sole expense, obtained the permits, licenses and other approvals required by Applicable Law, including, without limitation, all necessary DSA approvals Law to be obtained by Provider prior to such commencement; and;
3.2.5 (d) Provider shall have received satisfactory notice that the applications for Environmental Financial Incentives for the System at the Site have been accepted and approved by the appropriate governing agency; and
(e) Provider shall have received from Customer satisfactory evidence that the project—including the System, the License, and the work and Solar Services described in this Agreement—is exempt from the regulatory jurisdiction of local agencies (including zoning, building, and land-use requirements) or that all required local agency approvals and permits have been obtained. provided, however, that if any of the foregoing conditions precedent are have not completed by been satisfied on or before June 17, 2020 (the date that falls two hundred and forty (240) days after the Effective “CP Date”), Provider shall have the option to terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement, and if Provider does not terminate this Agreement one hundred eighty (180) days following the CP Date, Customer may terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement. Alternatively, in the event that such conditions precedent are not satisfied by such date, the Parties may mutually agree to amend this Agreement to revise the Commercial Operation Date and term of this Agreement.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Conditions Precedent to Commencement of Construction and Installation.
3.2.1 Commencement by the Provider of construction and installation activities with respect to a Site shall be the PV System are subject to the satisfaction of the following conditions precedent (in addition to the condition set forth in Section 3.3):
3.2.1 (a) Provider shall have closed full financing for construction and long-term ownership of the PV System and the Solar Services to be performed at the Site and, to the extent required pursuant to the applicable financing documentation, Provider shall have reached written agreement with the U.S. third party financing institution, pursuant institution providing such financing shall have been provided with the materials referred to which Provider may assign some or all of its rights in Section 14.17 and obligations hereunder to such third party (or its designated Affiliate) under an amended and restated version of this Agreement to be negotiated prior to consummation of the financing for the Solar ServicesSection 16;
3.2.2 Provider and Customer shall have executed a Lease for the Site;
3.2.3 (b) Provider shall have entered into the applicable contract(s) for construction and installation of the PV System, subject to the terms of the applicable financing, if any;
3.2.4 (c) Provider shall have obtained, at its sole expense, obtained the permits, licenses and other approvals required by Applicable Law, including, without limitation, all necessary DSA approvals Law to be obtained by Provider prior to such commencement; and;
3.2.5 (d) Provider shall have received satisfactory notice that the applications for Environmental Financial Incentives for the PV System at the Site have been accepted and approved by the appropriate governing agency; and
(e) Provider shall have received from Customer satisfactory evidence that the project—including the System, the License, and the work and Solar Services described in this Agreement—is exempt from the regulatory jurisdiction of local agencies (including zoning, building, and land-use requirements) or that all required local agency approvals and permits have been obtained. provided, however, that if any of the foregoing conditions precedent are have not completed by been satisfied on or before June 17, 2020 (the date that falls two hundred and forty (240) days after the Effective “CP Date”), Provider shall have the option to terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement, and if Provider does not terminate this Agreement one hundred eighty (180) days following the CP Date, Customer may terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement. Alternatively, in the event that such conditions precedent are not satisfied by such date, the Parties may mutually agree to amend this Agreement to revise the Commercial Operation Date and term of this Agreement.
3.2.2 Commencement by the Provider of construction and installation activities with respect to the ESS shall be subject to the satisfaction of the following conditions precedent (in addition to the condition set forth in Section 3.3):
(a) Provider shall have closed financing for construction and long-term ownership of the ESS and the Storage Services to be performed at the Site and, to the extent required pursuant to the applicable financing documentation, the third party financing institution providing such financing shall have been provided with the materials referred to in Section 14.17 and Section 16;
(b) Provider shall have entered into the applicable contract(s) for construction and installation of the ESS, subject to the terms of the applicable financing, if any;
(c) Provider shall have obtained the permits, licenses and other approvals required by Applicable Law to be obtained by Provider prior to such commencement; and
(d) Provider shall have received satisfactory notice that the applications for Environmental Financial Incentives for the ESS have been accepted and approved by the appropriate governing agency; provided, however, that if any of the foregoing conditions precedent have not been satisfied on or before the CP Date, Provider shall have the option to terminate the Storage Services Provisions without triggering the default provisions of this Agreement or any liability under this Agreement with respect to the Storage Services Provisions, and if Provider does not terminate the Storage Services Provisions within one hundred eighty (180) days following the CP Date, Customer may terminate the Storage Services Provisions without triggering the default provisions of this Agreement or any liability under this Agreement with respect to the Storage Services Provisions. In the case that Provider elects not install the ESS and causes a Storage Services Termination, Customer will have no obligations with the respect to payment of the Storage Services Fees or any other Storage Services Provisions. A Storage Services Termination shall not terminate the Solar Services provisions of this Agreement.
Appears in 3 contracts
Samples: Power Purchase & Storage Services Agreement, Power Purchase & Storage Services Agreement, Power Purchase & Storage Services Agreement
Conditions Precedent to Commencement of Construction and Installation. 3.2.1 Commencement by the Provider of construction and installation activities with respect to a Site shall be the PV System are subject to the satisfaction of the following conditions precedent (in addition to the condition set forth in Section 3.3):
3.2.1 (a) Provider shall have closed full financing for construction and long-term ownership of the PV System and the Solar Services to be performed at the Site and, to the extent required pursuant to the applicable financing documentation, Provider shall have reached written agreement with the U.S. third party financing institution, pursuant institution providing such financing shall have been provided with the materials referred to which Provider may assign some or all of its rights in Section 14.17 and obligations hereunder to such third party (or its designated Affiliate) under an amended and restated version of this Agreement to be negotiated prior to consummation of the financing for the Solar ServicesSection 16;
3.2.2 Provider and Customer shall have executed a Lease for the Site;
3.2.3 (b) Provider shall have entered into the applicable contract(s) for construction and installation of the PV System, subject to the terms of the applicable financing, if any;
3.2.4 (c) Provider shall have obtained, at its sole expense, obtained the permits, licenses and other approvals required by Applicable Law, including, without limitation, all necessary DSA approvals Law to be obtained by Provider prior to such commencement; and;
3.2.5 (d) Provider shall have received satisfactory notice that the applications for Environmental Financial Incentives for the PV System at the Site have been accepted and approved by the appropriate governing agency; and
(e) Provider shall have received from Customer satisfactory evidence that the project—including the System, the License, and the work and Solar Services described in this Agreement—is exempt from the regulatory jurisdiction of local agencies (including zoning, building, and land-use requirements) or that all required local agency approvals and permits have been obtained. provided, however, that if any of the foregoing conditions precedent are have not completed by been satisfied on or before June 17, 2020 (the date that falls two hundred and forty (240) days after the Effective “CP Date”), Provider shall have the option to terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement, and if Provider does not terminate this Agreement one hundred eighty (180) days following the CP Date, Customer may terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement. Alternatively, in the event that such conditions precedent are not satisfied by such date, the Parties may mutually agree to amend this Agreement to revise the Commercial Operation Date and term of this Agreement.
3.2.2 Commencement by the Provider of construction and installation activities with respect to the ESS shall be subject to the satisfaction of the following conditions precedent (in addition to the condition set forth in Section 3.3):
(a) Provider shall have closed financing for construction and long-term ownership of the ESS and the Storage Services to be performed at the Site and, to the extent required pursuant to the applicable financing documentation, the third party financing institution providing such financing shall have been provided with the materials referred to in Section 14.17 and Section 16;
(b) Provider shall have entered into the applicable contract(s) for construction and installation of the ESS, subject to the terms of the applicable financing, if any;
(c) Provider shall have obtained the permits, licenses and other approvals required by Applicable Law to be obtained by Provider prior to such commencement; and
(d) Provider shall have received satisfactory notice that the applications for Environmental Financial Incentives for the ESS have been accepted and approved by the appropriate governing agency; provided, however, that if any of the foregoing conditions precedent have not been satisfied on or before the CP Date, Provider shall have the option to terminate the Storage Services Provisions without triggering the default provisions of this Agreement or any liability under this Agreement with respect to the Storage Services Provisions, and if Provider does not terminate the Storage Services Provisions within one hundred eighty (180) days following the CP Date, Customer may terminate the Storage Services Provisions without triggering the default provisions of this Agreement or any liability under this Agreement with respect to the Storage Services Provisions. In the case that Provider elects not install the ESS and causes a Storage Services Termination, Customer will have no obligations with the respect to payment of the Storage Services Fees or any other Storage Services Provisions. A Storage Services Termination shall not terminate the Solar Services provisions of this Agreement.
Appears in 1 contract
Conditions Precedent to Commencement of Construction and Installation. 3.2.1 Commencement by the Provider of construction and installation activities with respect to a Site shall be subject to the satisfaction of the following conditions precedent (in addition to the condition set forth in Section 3.3):
3.2.1 ): Provider shall have closed full financing for construction and long-term ownership of the System and the Solar Services to be performed at the Site and, to the extent required pursuant to the applicable financing documentation, Provider shall have reached written agreement with the U.S. third party financing institution, pursuant institution providing such financing shall have been provided with the materials referred to which Provider may assign some or all of its rights in Section 14.17 and obligations hereunder to such third party (or its designated Affiliate) under an amended and restated version of this Agreement to be negotiated prior to consummation of the financing for the Solar ServicesSection 16;
3.2.2 (a) Provider and Customer shall have executed a Lease for the SiteSite and, if Customer’s interest is a leasehold interest, the consent of the Customer’s landlord for the Site shall have been obtained in accordance with the Lease;
3.2.3 (b) Provider shall have entered into the applicable contract(s) for construction and installation of the System, subject to the terms of the applicable financing, if any;
3.2.4 (c) Provider shall have obtained, at its sole expense, obtained the permits, licenses and other approvals required by Applicable Law, including, without limitation, all necessary DSA approvals Law to be obtained by Provider prior to such commencement; and
3.2.5 Provider shall have received satisfactory notice that the applications for Environmental Financial Incentives for the System at the Site have been accepted and approved by the appropriate governing agency; provided, however, that if any of the foregoing conditions precedent are have not completed by the date that falls two hundred and forty (240) days after the Effective Datebeen satisfied on or before December 15th, 2015, Provider shall have the option to terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement. Alternatively, in the event that such conditions precedent are not satisfied by such date, the Parties may mutually agree to amend this Agreement to revise the Commercial Operation Date and term of this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
