Construction, Operation and Maintenance. 5.1 Construction, Operation, and Maintenance of the Plant
5.1.1 The Concessionaire shall:
5.1.1.1 design, engineer, construct, install, Commission; and
5.1.1.2 operate and maintain, the Plant at its expense and may appoint the EPC Contractor (in the case of (Clause 5.1.1.1)) and the O&M Contractor (in the case of (Clause 5.1.1.2)) to do so provided that any such appointment shall not relieve the Concessionaire of any of its obligations or liabilities.
Construction, Operation and Maintenance. 7.1 Progress reports [for new installations] In a format and a periodicity to be agreed between the Parties, the Producer shall supply the Buyer with progress reports containing at least the following information:
(a) detail of any change in the commissioning schedule (expected lead or lag); and
(b) [detail of any on-going litigation or recourse against any Administrative Authorisation].
7.2 Delay in achieving the Commissioning Long-Stop Date
(a) If the Commissioning Date does not occur at the latest by the Commissioning Long-Stop Date, except as a result of (i) an event of Force Majeure or (ii) any unavailability of the grid due to a failure of the grid operator to complete the grid connection works within the timelines set out in the grid connection agreement, the Producer shall pay the Buyer liquidated damages for the delay in achieving the Commissioning Long-Stop Date (the Delay Liquidated Damages), provided that the delay in achieving the Commissioning Long-Stop Date creates an extra cost for the Buyer.
(b) The amount of the Delay Liquidated Damages shall be EUR [l] per [day of delay][Deemed Energy] until the Commissioning Date is achieved. The Delay Liquidated Damages shall be paid by the Producer to the Buyer on a monthly basis.
(c) The total amount of Delay Liquidated Damages payable by the Buyer shall not exceed the Delay Liquidated Damages cap of EUR [l].
(d) If the Delay Liquidated Damages cap is reached, the Parties shall meet to determine the necessary adjustments to be made to their respective obligations under this Agreement.
(e) In the event that the Parties do not reach an agreement within fifteen (15) Business Days from the beginning of the negotiation, any Party shall have the right to terminate this Agreement with immediate effect, without any prior notice or specific procedure. In case of termination of this Agreement under this Clause 10.2(e), the Parties shall have no right to claim compensation for any consequences resulting from such termination.
Construction, Operation and Maintenance. Formatted: Not Highlight
Construction, Operation and Maintenance. Abundant Solar Power Inc. shall exercise commercially reasonable efforts to achieve Completion of the Community Solar System. The Terms of this Agreement begin on the Commercial Operation Date. The Commercial Operation Date is the date that the System is turned on and generating power. We will notify you by email when the Community Solar System is ready to be interconnected to the electricity grid. The Seller shall insure, maintain and repair the System at no additional cost to the Buyer.
Construction, Operation and Maintenance. Each institution shall contribute to the construction, maintenance and operation of the MAGIC Telescopes, both from the point of view of financial contribution and of human resources. The contribution shall be in relation to the number of scientists from the institution signing the present document, but in case of limited external resources this issue can be negotiated with the Chair of the Collaboration Board. The resulting agreement is subject to approval by the Collaboration Board. Each group is expected to participate in the data taking shifts in approximate correspondence to the number of authors. Once the MAGIC Telescopes are fully operational, the Collaboration Board shall draw up a list of all major components of the telescopes that are not to be removed or upgraded without prior consent of the Collaboration Board. An upgrade affecting the data analysis, e.g. needing new Monte Carlo events, shall only be performed once the data analysis chain is ready for the new component as decided by the Software and Physics Coordinators.
Construction, Operation and Maintenance. A. The Authority shall be responsible for the construction, installation, operation, maintenance, and ultimate removal, if such removal is required by Reclamation, of any new facilities necessary for the Authority's use of the Drain; for the operation and maintenance of all existing features of the Drain; for the repair of any damage to the Drain arising out of its use of the Drain; and for the restoration of any land requiring restoration as a result of the Authority's use of the Drain.
B. The Authority shall furnish to Reclamation for approval the plans and specifications for all facilities or structures that are to be constructed on land owned by the United States. The Authority shall not commence construction or installation of any such facility prior to submitting the plans and specifications to Reclamation for review and obtaining written approval, which approval shall not unreasonably be withheld.
C. Reclamation shall promptly furnish to the Authority copies of documents, drawings and other records available to Reclamation which are appropriate or necessary for the Authority's use of the Drain in accordance with this Agreement, as requested by the Authority in writing. The Authority shall revise such drawings to reflect new facilities and any modifications to existing facilities installed by the Authority and shall promptly furnish a copy of each revised drawing to Reclamation.
D. The Draining Parties shall be responsible to the Authority for payment of all operation and maintenance, administration, and construction costs arising from performance by the Authority pursuant to this Agreement, provided, that payment for baseline operation and maintenance and administration costs incurred by the Authority for the Drain pursuant to the Transfer Agreement shall be budgeted, and repayment responsibility shall be allocated, in accordance with the terms of the Transfer Agreement without regard to this Agreement.
Construction, Operation and Maintenance. The Borrower shall carry out the Properties and conduct its business pursuant to this Agreement and Good Industry Practice, and in all material aspects in accordance with the Annual Budget and Base Case Model.
Construction, Operation and Maintenance. The Borrower shall diligently construct or cause to be constructed the Project in accordance with the Construction Contracts and repair, operate and maintain the assets of the Project and conduct the business of the Project (including but not limited to the sale and marketing activities) and obligations, in each case, in accordance with the Project Documents, Good Industry Practice, the Guidelines, the Environmental Management Plan requirements (in all material respects), the requirements of the Insurances and the Equator Principles.
Construction, Operation and Maintenance. (a) Except as otherwise permitted by Section 9.4 and Section 9.10, each Obligor shall, and shall cause each of its Subsidiaries to, maintain and keep, or cause to be maintained and kept, its respective Material Properties in good repair, working order and condition (other than ordinary wear and tear), and construct, operate and maintain the Facilities in all Material respects in accordance with the Facility Documents, Tax Equity Documents, Prudent Industry Practices, Applicable Laws and Material Governmental Approvals.
(b) Except as otherwise permitted by Section 9.4 and Section 9.10, each Obligor shall, and shall cause each of its Subsidiaries to, preserve and maintain good and valid title or leasehold or easement rights to its Material Properties (subject to no Liens other than Permitted Liens).
Construction, Operation and Maintenance. The City covenants to provide for the construction and equipping of the Project or Capital Additions subsequently authorized and agreed upon in accordance with the plans and specifications therefor. The City shall determine the level of operation and maintenance of the Leased Premises, and any repairs or replacements which the City shall install shall become the property of the Authority. The City further covenants that it will not commit or suffer any stripping or waste of the Leased Premises. The City will bear all costs in connection with the use of the Leased Premises.
