Common use of Construction Commencement Deadline Clause in Contracts

Construction Commencement Deadline. If Provider has not commenced the installation of the Project on the Premises before the Construction Start Date (not including any days in which a Force Majeure Event existed), Host may terminate this Agreement by delivering notice to Provider of its intention to terminate this Agreement, and the Agreement shall terminate twenty-one (21) days after Provider’s receipt of such notice; provided, that if Provider commences installation of the Project within such twenty-one (21) day period, this Agreement shall not terminate. Upon any termination in accordance with this Section 4(d) neither Party shall have any further liability to the other with respect to the Facility, provided that (i) Provider shall remove any equipment or materials that Provider has placed on the Site; (ii) Provider shall restore any portions of the Site disturbed by Provider to their condition prior to the commencement of construction; (iii) the Parties shall not be released from any payment or other obligations arising under this Agreement prior to the delivery of the notice; and (iv) the confidentiality provisions of Section 14, the indemnity obligations under Section 15, and the dispute resolution provisions of Section 23 shall continue to apply notwithstanding the termination of this Agreement.

Construction Commencement Deadline. If Provider has not commenced the installation of the Project on the Premises before the Construction Start Date (not including any days in which a Force Majeure Event existed, or were delayed by the local electric delivery company, AHJ, or state regulators), Host may terminate this Agreement by delivering notice to Provider of its intention to terminate this Agreement, and the Agreement shall terminate twenty-twenty- one (21) days after Provider’s receipt of such notice; provided, that if Provider commences installation of the Project within such twenty-one (21) day period, this Agreement shall not terminate. Upon any termination in accordance with this Section 4(d) neither Party shall have any further liability to the other with respect to the Facility, provided that (i) Provider shall remove any equipment or materials that Provider has placed on the Site; (ii) Provider shall restore any portions of the Site disturbed by Provider to their condition prior to the commencement of construction; (iii) the Parties shall not be released from any payment or other obligations arising under this Agreement prior to the delivery of the notice; and (iv) the confidentiality provisions of Section 14, the indemnity obligations under Section 15, and the dispute resolution provisions of Section 23 shall continue to apply notwithstanding the termination of this Agreement.

Construction Commencement Deadline. If Provider has not commenced within [NUMBER OF DAYS 1] following the installation date of the Project on the Premises before the Construction Start Date this Agreement (not including any days in which a Force Majeure Event existed), Host [PROVIDER COMPANY] has not commenced the installation of the Project on the Premises, [COMPANY 1] may terminate this Agreement by delivering notice to Provider [PROVIDER COMPANY] of its intention to terminate this Agreement, and the Agreement shall terminate twenty-one (21) days [NUMBER OF DAYS 2] after Provider’s [PROVIDER COMPANY]'s receipt of such notice; provided, that if Provider [PROVIDER COMPANY] commences installation of the Project within such twenty-one (21) day [NUMBER OF DAYS 3] period, this Agreement shall not terminate. Upon any termination in accordance with this Section 4(d) [SECTION 4(4.04)] neither Party shall have any further liability to the other with respect to the Facility, provided that (i) Provider [PROVIDER COMPANY] shall remove any equipment or materials that Provider [PROVIDER COMPANY] has placed on the Site; (ii) Provider [PROVIDER COMPANY] shall restore any portions of the Site disturbed by Provider [PROVIDER COMPANY] to their condition prior to the commencement of construction; (iii) the Parties shall not be released from any payment or other obligations arising under this Agreement prior to the delivery of the notice; and (iv) the confidentiality provisions of Section [SECTION 14], the indemnity obligations under Section [SECTION 15] hereof, and the dispute resolution provisions of Section 23 [SECTION 23] hereof shall continue to apply notwithstanding the termination of this Agreement.