Construction of the Facility. The Interconnection Customer (Customer) may proceed to construct (including operational testing not to exceed two hours) the Generating Facility when the Utility approves the Interconnection Request and returns it to the Customer.
Construction of the Facility. The Interconnection Customer (Customer) may proceed to construct (including operational testing not to exceed two hours) the Generating Facility when the Utility approves the Interconnection Request and returns it to the Customer. The Customer shall install a manual load-break disconnect switch or safety switch as a clear visible indication of switch position between the Utility System and the Interconnection Customer. The switch shall be installed immediately adjacent to the utility’s meter, unless otherwise agreed to and approved by the Utility.
Construction of the Facility. The Interconnection Customer (the “Customer”) may proceed to construct (including operational testing not to exceed two hours) the Small Generating Facility when the ISO approves the Interconnection Request (the “Application”) and returns it to the Customer.
Construction of the Facility. 11.1 AmeriCann shall construct the Facility on the Property, based on the Construction Contract. The first phase of construction of the Facility, which shall be an approximate 27,000 square foot pre-engineered building, shall be completed so that WGP, in accordance with plans and specifications as presented in WGP’s application to the State of Illinois, may commence operations within six (6) months from the calendar month in which the Illinois Department of Agriculture issued the operating permit to construct and operate the Facility.
11.2 Subject to clause 11.3 below, in the event that AmeriCann fails to make capital disbursements required by the project in accordance with the amount and time requirements set forth in the Working Capital Draw Schedule and Construction Budget attached hereto as Exhibit No. 6, any provisions in this Annex No. 1 and any provisions in the Loan Agreement, that are not by their nature provisions for repayment of a loan in a loan contract shall become void (but the Lease Contract will continue in full force and effect, without Turnover Rent or Performance Fee). All loan disbursements made as of the date that the additional contract terms become void shall be repayable to AmeriCann under their same repayment terms and conditions. Any Accrued Consulting Fees shall be converted to loans payable under the same terms and conditions as other disbursements under this Annex No. 1 and the Loan Agreement. The Security Agreement shall stay in effect regarding existing disbursements, Accrued Consulting Fees, and any other accrued fees and costs. Should this clause 11.2 become applicable, WGP shall have the right to raise capital to complete the project in the event that AmeriCann fails to make required capital disbursements, and AmeriCann must subordinate its rights under the Security Agreement to any new source of financing by WGP.
11.3 The parties hereby jointly acknowledge that all time frames for payout of the capital disbursements required by the Working Capital Draw Schedule and Construction Budget in Exhibit No. 6 are approximate as of the date this Annex No. 1 is signed and the deadlines for payouts under the Working Capital Draw Schedule and Construction Budget being Exhibit No. 6 shall therefore be subject to a thirty (30) day grace period. Furthermore, it may occur that certain capital disbursements are paid out in amounts greater than required by the Working Capital Draw Schedule and Construction Budget being Exhibit No. 6 and i...
Construction of the Facility. (a) The Seller shall ensure that the design of the construction works shall be carried out with all proper skill, diligence and care and in all material respects in accordance with this Agreement and the USAID Contract so that the Facility is reasonably expected to provide a useful life of not less than the Term plus ten (10) years. Further, The Seller shall carry out and complete the construction works such that the Seller is able to achieve the Commercial Operations Date on or about the Scheduled Commercial Operations Date and in in any case no later than the Required Commercial Operations Date.
(b) The Seller shall ensure and shall procure that the Engineer certifies to the Purchaser before the Commissioning Tests that all equipment permanently as part of the Facility is new and unused at the time of such installation, and complies with the requirements of Schedule 2.
(c) The PV modules and the installation thereof must comply with all applicable quality standards, including the standards of the International Electrotechnical Commission, as set forth in Schedule 2.
(d) The Seller shall ensure that the Facility has adequate security and surveillance equipment and facilities, including a satisfactory security fence around the Facility, so as to minimize the risk of vandalism and theft on the Site, with adequate, trained and experienced personnel available to operate such equipment and to take reasonable action to protect the Facility in the event of any breach or attempted breach of such security equipment and facilities and unauthorized trespass onto the Site. Further, the Seller shall, at its own cost, take appropriate actions in order provided for its own security and that of its employees, to include the development of a Security Plan, which shall be reviewed and accepted by the Purchaser.
Construction of the Facility. A. Lessee and the Town shall develop a mutually agreeable design and construction schedule for the construction of the Facility, consistent with Xxxxxx’s Proposal. The Town shall have the right, in its reasonable discretion, to withhold its approval of any such plans to the extent inconsistent with Xxxxxx’s Proposal. Failure by the Town to disapprove any submission or resubmission of the draft plans within thirty (30) days after submission or any resubmission shall constitute approval thereof. Any disapproval shall be accompanied by a specific statement of the reasons therefor. Upon any disapproval, Xxxxxx shall resubmit such corrected draft plans within ten (10) days of the Town’s disapproval. Such process shall continue until the Town shall have approved Xxxxxx’s plans for the construction of the Facility (the “Approved Plans”).
B. Lessee shall diligently construct the Facility, at its sole cost and expense, pursuant to such Approved Plans (“Lessee’s Work”). All of Lessee’s Work shall be performed in a good and workmanlike manner, in accordance with all applicable laws, by-laws, rules, and regulations, using contractors approved by the Town in its reasonable discretion. All such contractors shall be required to carry the insurance required of Lessee in Article V, above. Lessee shall be responsible for obtaining all necessary permits and approvals for the Lessee’s Work, and for obtaining all necessary approvals and sign-offs following the completion of Xxxxxx’s Work.
C. Lessee shall promptly pay the entire cost of all Lessee’s Work so that the Leased Premises shall be free of liens for labor and materials.
D. The Lessee’s Work shall be deemed “Substantially Complete” on the day as of which (i) Lessee’s Work has been completed, except for items which can be completed after occupancy has been taken without causing unreasonable interference with Xxxxxx’s business operations at the Facility (i.e. so-called “punch list” items), (ii) Lessee has obtained from the Town of Belmont Office of Community Development such sign-offs on the Building Permit for Lessee’s Work as required by applicable Laws, and (iii) Xxxxxx has delivered to the Town “as built” plans for the Facility, a permanent certificate of occupancy for the Facility, and proof of payment for all labor and materials in the form of a final statutory lien waiver from Xxxxxx’s contractor. Such date is hereinafter called the “Substantial Completion Date.”
E. From and after the Commencement Date until the Su...
Construction of the Facility. The Interconnection Customer (Customer) may proceed to construct (including operational testing not to exceed two hours) the Generating Facility when GUC approves the Interconnection Request and returns it to the Customer.
Construction of the Facility. (a) The RE Supplier shall perform, or cause to be performed, all activities necessary to complete the design, construction and commissioning of the Facility, at the Site, using Good Utility Practice and in compliance with all Laws and Regulations and all applicable provisions of the PPA (including the Project Description and Technical Specifications), and so as to achieve the Commercial Operation Date by the Scheduled Commercial Operation Date. Without limitation, the RE Supplier shall ensure that the Facility is designed and constructed to operate in accordance with the requirements of the PPA from the Commercial Operation Date until expiry of the Term.
(b) Prior to interconnection of the Facility to the System, the RE Supplier shall execute the Interconnection Agreement, which is part of the PPA as described in Schedule 4.
Construction of the Facility. The Interconnecting Customer may proceed to construct the facility once the approval to install the facility has been signed by Belmont Light.
Construction of the Facility.
(A) Starting on the date that falls one Month after the earlier of the date on which construction of the Facility commences or the date upon which a notice to proceed under the EPC Contract is given in accordance with the terms of the EPC Contract and, thereafter, at Monthly intervals, Seller shall report to Buyers on the construction of the Facility during the previous Month and shall provide progress reports and an updated completion schedule for the Facility. Such Monthly reports shall provide a schedule showing items completed and to be completed and a best estimate time-frame within which Seller expects its contractor to complete such non-completed work. None of the foregoing shall be deemed to be in lieu of, or in substitution for, the general record and reporting obligations attendant to Seller in accordance with Article 13 hereof.
(B) Other than the rights and obligations of Buyers specified in this PPA and any documents ancillary hereto, neither this PPA nor any such ancillary document shall be interpreted to create in favor of Buyers, and each Buyer specifically disclaims, any right, title or interest in any part of the Facility.
