Common use of CONDITIONS SUBSEQUENT TO BE SATISFIED BY THE SELLER Clause in Contracts

CONDITIONS SUBSEQUENT TO BE SATISFIED BY THE SELLER. PROCURERS 3.1. Satisfaction of conditions subsequent by the SPP /Seller 3.1.1 The SPP agrees and undertakes to duly perform and complete all of the following activities at the SPP‟s own cost and risk within two hundred and ten (210) days from the Date of Signing of PPA, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by UPNEDA: a) The SPP/Seller shall have acquired land and taken possession of the total land required for the Solar PV Project or the NOC from the irrigation/concerned department has been obtained for the canal/drain on which the project developer wishes to install the required capacity or will acquire total land/obtain NOC for canal/drain required for installation of solar power project within one hundred fifty (150) days of signing of PPA. b) The SPP/Seller shall have obtained all Consents, Clearances and Permits required for supply of power to the Procurer(s) as per the terms of this Agreement. In case a Project Company is incorporated and the Consents, Clearances and Permits have been obtained in the name of a company other than the Project Company, all such Consents, Clearances and Permits shall have been transferred in the name of such Project Company; c) The SPP shall have achieved Financial Closure and has provided a certificate to UPNEDA from the lead banker to this effect; d) The SPP shall have sent a written notice to UPNEDA and Procurers indicating the Installed Capacity for the Power Project expressed in MW; e) The SPP shall have signed a Transmission Agreement with UPPTCL/ DISCOM confirming the evacuation and connectivity of Transmission system with their Power Project switchyard within one hundred eighty (180) days of signing of PPA. f) [To be included if the Seller opts for substitution rights of the Lender(s)] The Seller shall have provided an irrevocable letter to the Lenders duly accepting and acknowledging the rights provided to the Lenders under the terms of this Agreement and all other RfP Documents; g) The SPP shall have fulfilled the Qualifying requirements according to criteria mentioned in RfP Clause 2.10for Selection of Developer(s) for Procurement of 215 MW Power from Grid Connect Solar Power Projects through Tariff Based Competitive Bidding Process and produce the documentary evidence for same. h) The SPP shall have submitted to UPNEDA the relevant documents as stated above, complying with the conditions subsequent, within two hundred ten(210) days.

CONDITIONS SUBSEQUENT TO BE SATISFIED BY THE SELLER. PROCURERS 3.1. Satisfaction of conditions subsequent by the SPP /Seller 3.1.1 The SPP agrees and undertakes to duly perform and complete all of the following activities at the SPP‟s own cost and risk within two one hundred and ten eighty (210180) days from the Date of Signing of PPA, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by UPNEDA: a) The SPP/Seller shall have acquired land and taken possession of the total land required for the Solar PV Project or the NOC from the irrigation/concerned department has been obtained for the canal/drain on which the project developer wishes to install the required capacity or will acquire acquired total land/obtain NOC for canal/drain land required for installation of solar power project within one hundred fifty twenty (150120) days of signing of PPA. b) The SPP/Seller shall have obtained all Consents, Clearances and Permits required for supply of power to the Procurer(s) as per the terms of this Agreement. In case a Project Company is incorporated and the Consents, Clearances and Permits have been obtained in the name of a company other than the Project Company, all such Consents, Clearances and Permits shall have been transferred in the name of such Project Company; c) The SPP shall have achieved Financial Closure and has provided a certificate to UPNEDA from the lead banker to this effect; d) The SPP shall have sent a written notice to UPNEDA and Procurers indicating the Installed Capacity for the Power Project expressed in MW; e) The SPP shall have signed a Transmission Agreement with UPPTCL/ DISCOM confirming the evacuation and connectivity of Transmission system with their Power Project switchyard within one hundred eighty fifty (180150) days of signing of PPA. f) [To be included if the Seller opts for substitution rights of the Lender(s)] The Seller shall have provided an irrevocable letter to the Lenders duly accepting and acknowledging the rights provided to the Lenders under the terms of this Agreement and all other RfP Documents; g) The SPP shall have fulfilled the Qualifying requirements according to criteria mentioned in RfP Clause 2.10for Selection of Developer(s) for Procurement of 215 300 MW Power from Grid Connect Solar Power Projects through Tariff Based Competitive Bidding Process and produce the documentary evidence for same. h) The SPP shall have submitted to UPNEDA the relevant documents as stated above, complying with the conditions subsequent, within two one hundred ten(210eighty (180) days.

CONDITIONS SUBSEQUENT TO BE SATISFIED BY THE SELLER. PROCURERS 3.1. Satisfaction of conditions subsequent by the SPP /Seller 3.1.1 The SPP agrees and undertakes to duly perform and complete all of the following activities at the SPP‟s own cost and risk within two hundred and ten forty (210240) days from the Date of Signing of PPA, unless such completion is affected by any Force Majeure event, or if any of the activities is specifically waived in writing by UPNEDA: a) The SPP/Seller shall have acquired land and taken possession of the total land required for the Solar PV Project or the NOC from the irrigation/concerned department has been obtained for the canal/drain on which the project developer wishes to install the required capacity or will acquire acquired total land/obtain NOC for canal/drain land required for installation of solar power project within one two hundred fifty forty (150240) days of signing of PPA. b) The SPP/Seller shall have obtained all Consents, Clearances and Permits required for supply of power to the Procurer(s) as per the terms of this Agreement. In case a Project Company is incorporated and the Consents, Clearances and Permits have been obtained in the name of a company other than the Project Company, all such Consents, Clearances and Permits shall have been transferred in the name of such Project Company; c) The SPP shall have achieved Financial Closure and has provided a certificate to UPNEDA from the lead banker to this effect; d) The SPP shall have sent a written notice to UPNEDA and Procurers indicating the Installed Capacity for the Power Project expressed in MW; e) The SPP shall have signed a Transmission Agreement with UPPTCL/ DISCOM confirming the evacuation and connectivity of Transmission system with their Power Project switchyard within one hundred eighty (180) days of signing of PPAswitchyard. f) [To be included if the Seller opts for substitution rights of the Lender(s)] The Seller shall have provided an irrevocable letter to the Lenders duly accepting and acknowledging the rights provided to the Lenders under the terms of this Agreement and all other RfP Documents; g) The SPP shall have fulfilled the Qualifying requirements according to criteria mentioned in RfP Clause 2.10for Selection of Developer(s) for Procurement of 215 200 MW Power from Grid Connect Solar Power Projects through Tariff Based Competitive Bidding Process and produce the documentary evidence for same. h) The SPP shall have submitted to UPNEDA the relevant documents as stated above, complying with the conditions subsequent, within two hundred ten(210forty (240) days.