Construction and Commissioning. Developer shall undertake and be obligated (a) to complete construction of the Project and (b) to achieve successful completion of the required test operations prescribed in Schedule 3 (Testing and Commissioning) no later than the Required Commercial Operations Date. In the event that the Project does not successfully complete the required test operations prescribed in Schedule 3 (Testing and Commissioning) on or before the Required Commercial Operations Date, and Utility is in full compliance with all its material obligations under this Agreement, then Developer shall be liable to Utility in an amount to be determined in accordance with the liquidated damages provisions of Schedule 2 (Calculation of Payments).
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
