Construction, Operation and Maintenance Sample Clauses

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 [⚫] 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 [⚫]. (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. 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. 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.

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. Party A shall use commercially reasonable efforts to construct each of the Edge Generation Facilities and, upon construction, shall use commercially reasonable efforts to maintain or cause to be maintained each of the Edge Generation Facilities in good repair and working order and condition in accordance with Prudent Industry Practice, except in each case subject to the effects of any Force Majeure as described below; provided that (i) Party B’s sole remedy for any failure to construct the Edge Generation Facilities shall be the termination of the Edge Transaction Confirmation to the extent permitted under the terms of the Edge Transaction Confirmation, and (ii) subject to the terms and conditions set forth in the Edge Transaction Confirmation, Party A shall have no obligation to operate the Edge Facilities in any particular manner, or at all, or buy gas for operations at any particular index, fixed or hedged price, as the parties have agreed that the operation of the Edge Facilities is in the economic discretion of Party A. As used herein, the term “Force Majeure” means any cause not reasonably within the control of Party A, including the following: (A) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or gas or power transmission; (B) weather-related events affecting an entire geographic region, such as low temperatures, which cause freezing that impacts operations; (C) acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insurrections or wars, or acts of terror; and (D) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect of law promulgated by a governmental authority having jurisdiction. Party A shall make commercially reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve any Force Majeure event or occurrence once it has occurred in order to resume performance, to the extent required hereunder. Party A shall provide written notice of any Force Majeure that impacts Party A’s performance hereunder as soon as reasonably practical. Upon providing such notice, Party A will be relieved of its affected obligation, from the onset of the Force Majeure event, to the extent and for the dur...

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. (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).