Construction of the Facility Sample Clauses
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. 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. 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) 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.
(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.
Construction of the Facility. Section 2.1 Architect.
(a) Contractor has engaged Xxxx Xxxxxx, architect, of Windsor, Connecticut as the architect for the Facility ("Architect"). Contractor will also engage engineers which Contractor selects, in its sole discretion. The Architect has prepared final plans and specifications for the Facility. Such final plan. and specifications are listed on Exhibit "E" ("Final Plans").
(b) Upon the payment of the Contractor's requisition for the Architect's preparation of the Final Plans, the Owner shall have the exclusive right to use the Final Plans, provided however, that in the event a transfer of the DON to the Contractor is made pursuant to Section 2.8, upon reconveyance of the Premises to Contractor, the Contractor shall have the exclusive right to use the Final Plans, subject, however, to whatever rights Lender has to such Final Plans, if any.
(c) The Final Plans have been approved by DPH. Within two (2) weeks after the execution of this Agreement, the parties will meet to review and approve the same, revising them if required. The Owner agrees that it will not unreasonably withhold its approval of the Final Plans if they conform in material respects to the preliminary plans which have been approved by the Owner ("Preliminary Plans"). The parties agree to use their best efforts to reach a prompt and reasonable conclusion. The parties shall initial the Final Plans as an indication of their approval of the same.