Construction Timelines. (a) The Concessionaire shall comply with the Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction of the STP Facilities on or before the Scheduled STP Construction Completion Date.
(b) Subject to Clause 7.11(c) below, the Concessionaire shall be entitled to a day-for- day extension of the relevant Scheduled STP Payment Milestone Completion Date or as the case may be, the Scheduled STP Construction Completion Date, if the completion of construction of the Digha STP Facilities or the Kankarbagh STP Facilities is delayed due to any of the following reasons (each such event, termed as Delay Event, as the context may require):
(i) occurrence of a Force Majeure Event, provided that the requirements of Article 14 have been complied with;
(ii) a Qualifying Change in Law;
(iii) undue delay by the relevant Government Authority in granting or renewing any Applicable Permit, despite the Concessionaire having applied for such grant or renewal expeditiously and having complied with the requirements of Applicable Laws in making such application;
(iv) undue delay by the relevant Government Authority in providing any utility connection, despite the Concessionaire having applied for such utility connection expeditiously and having complied with the requirements of Applicable Laws in making such application;
(v) any delay attributable to unforeseen site conditions in accordance with Clause 4.4;
(vi) delay by BUIDCO in approval of the Phase II Designs and Drawings in accordance with Clause 7.2;
(vii) delay by BUIDCO in approval of the O&M Manual in accordance with Clause 8.2;
(viii) delay by BUIDCO in issuance of a STP Milestone Completion Certificate in accordance with Clause 7.13(a);
(ix) any variation proposed by BUIDCO in the Technical Specifications or the Designs and Drawings in accordance with Article 20; or
(x) delay caused in complying with any instructions of BUIDCO or the Project Engineer, which instructions are not attributable to any default of the Concessionaire. The Concessionaire shall promptly provide BUIDCO (with a copy to the Project Engineer and NMCG) with a notice upon becoming aware of any Delay Event listed at Clause 7.11(b) above. The notice should specify the nature of the Delay Event, the extent of delay suffered or likely to be suffered by the Concessionaire and mitigation measures being taken by the Concessionaire. The issuance of the notice under this Clause 7.11(b), within 7 days from the date...
Construction Timelines. The SRC Producer will have 18 months to bring the PV System to commercial operation. If the PV System has not achieved this status within 18 months, the deposit associated with the PV System will be forfeited to the Renewable Energy Standard Account. If, after 24 months the PV System has not been brought to commercial operation, the SRC Producer will be fined at a rate of $1,000 per day beginning with the first day of the 25th month and continuing until the final day of the 30th month. Any fines accrued during this time period must be paid in advance of the setting of any meter by Public Service. If, the PV System has not been brought into commercial operation after 30 months, Public Service will consider the PV System incomplete and remove it from the program with any associated capacity forfeited and any outstanding fines or other costs due immediately to Public Service from the SRC Producer.
Construction Timelines. The SRC Producer will have 30 months to bring the PV System to Substantial Completion from the date of notice that the SRC Bid was a winning bid (the “Target Completion Date”). If the PV System has not achieved Substantial Completion by the Target Completion Date, the Deposit will be forfeited to the Renewable Energy Standard Adjustment account in an amount equal to 1/180th of the Deposit per day for each day following the Target Completion Date that the PV System has not been brought to Substantial Completion, not to exceed the Deposit. If the PV System has not been brought to Substantial Completion after 36 months, Public Service will consider the PV System incomplete and have the right to remove it from the Solar*Rewards Community program with any associated capacity forfeited and terminate this Agreement which will be effective upon written notice to SRC Producer of such termination.
Construction Timelines. In regard to the timelines for construction of the various components of the Project, the first two sentences of Section 2(C)(i), and the entirety of Sections 2(C)(ii), (iii), and (iv) of the Agreement are hereby deleted and replaced with the following:
Construction Timelines. (a) The Concessionaire shall comply with the DPR, the Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction of the Project Facilities so as to ensure that the MRF achieves COD on or before the Scheduled COD.
(b) Subject to Clause 14.7(c) below, the Concessionaire shall be entitled to a day-for-day extension of [the relevant Scheduled Project Milestone Completion Date or, as the case may be,]54 the Scheduled COD, if the completion of construction, Trial Operations, and testing of the Project Facilities is delayed due to any of the following reasons (each such event, a Delay Event):
(i) occurrence of a Force Majeure Event, provided that the requirements of Article 26 have been complied with;
(ii) a Change in Law;
(iii) undue delay by the relevant Government Authority in granting or renewing any Applicable Permit, despite the Concessionaire having applied for such grant or renewal expeditiously and having complied with the requirements of Applicable Laws in making such application;
Construction Timelines. (a) The SRC Producer will have 18 months to bring the PV System to Substantial Completion from the date Interconnection Agreement and payment (the “Target Completion Date”). If the PV System has not achieved Substantial Completion by the Target Completion Date, the Deposit will be forfeited to the Renewable Energy Standard Adjustment account in an amount equal to 1/180th of the Deposit per day for each day following the Target Completion Date that the PV System has not been brought to Substantial Completion, with forfeiture not to exceed the Deposit amount. If the PV System has not been brought to Substantial Completion after 24 months (following the exhaustion of the 6-month extension period), Public Service will consider the PV System incomplete and have the right to remove it from the Solar*Rewards Community program with any associated capacity forfeited and terminate this Agreement which will be effective upon written notice to SRC Producer of such termination. Extensions will also be granted to SRC Producers with an extension length that corresponds to delays attributable to Public Service or substation upgrades (but not to the extent caused by SRC Producer’s mismanagement, negligence, or other breach of this Agreement); such extensions shall not require a forfeiture of deposit or otherwise toll the other extension eligibilities and policies described in this Section 5.1.
(b) The SRC Producer may prevent termination of this Agreement under Section 5.1(a) by (1) providing Public Service notice its intent to achieve Substantial Completion beyond six months and no later than 12 months from the Target Completion Date; and (2) delivering a second Deposit to Public Service. Such notice and delivery of a second Deposit must be made no later than six months prior to the Target Completion Date. The second Deposit will be forfeited to the Renewable Energy Standard Adjustment account in an amount equal to 1/180th of the Deposit per day for each day following 24 months from the Target Completion Date that the PV System has not been brought to Substantial Completion, not to exceed the second Deposit.
Construction Timelines. Provided that all conditions precedent under this Agreement have been satisfied, construction of the Project shall commence on or before February 28, 2025 (“Commencement Date”), and shall be completed no later than August 31, 2026 (“Completion Date”); and further provided that if the Oklahoma Housing Finance Agency (“OHFA”) does not approve either or both of the Funding Period One applications submitted by or on behalf of Developer, but subsequently approves application(s) for OFHA’s Funding Period Two 2024 Tax Credit Allocation, the Commencement Date will be extended to June 1, 2025 and the Completion Date will be extended to October 31, 2026.
Construction Timelines a. The Concessionaire shall comply with the Construction Plan, the Designs and Drawings and the Technical Specifications and complete the construction/renovation for (i) Tolly Nallah STP 1 by Scheduled Tolly Nallah STP 1 Construction Completion Date; (ii) Tolly Nallah STP 2 by Scheduled Tolly Nallah STP 2 Construction Completion Date; (iii) Tolly Nallah STP 3 by Scheduled Tolly Nallah STP 3 Construction Completion Date; (iv) Existing Tolly Nallah Infrastructure 1 by Scheduled Existing Tolly Nallah Infrastructure 1 Construction Completion Date; (v) Existing Tolly Nallah Infrastructure 2 by Scheduled Existing Tolly Nallah Infrastructure 2 Construction Completion Date; and (vi) Garden Reach STP by Scheduled Garden Reach Construction Completion Date.
b. Subject to Article 7.11(c) below, the Concessionaire shall be entitled to a day-for-day extension of the relevant Scheduled Payment Milestone Completion Date or the relevant Scheduled Tolly Nallah Construction Completion Date or Scheduled Garden Reach Construction Completion Date, as the case may be, if the completion of construction/renovation of any location‟s facilities is delayed due to any of the following reasons (each such event, a Delay Event):
i. occurrence of a Force Majeure Event, provided that the requirements of Article 14 have been complied with;
Construction Timelines
