Critical Milestones. (a) Commencing on the Effective Date, Seller shall develop the Facility in order to achieve the following milestones (“Critical Milestones”) on or before the date set forth in this Section 3.1(a):
(i) receipt of all Permits necessary to construct the Facility, as set forth on the Cover Sheet hereto, in final form, by the date that is sixteen (16) months after the Effective Date;
(ii) acquisition of all required real property and other site control rights necessary for construction and operation of the Facility, for interconnection of the Facility to the Interconnecting Utility, for construction of the Network Upgrades (to the extent it is Seller’s responsibility to do so) and for performance of Seller’s obligations under this Agreement, by the date that is sixteen (16) months after the Effective Date;
(iii) issuance of a full notice to proceed by Seller to its general construction contractor and commencement of construction of the Facility by the date that is sixteen (16) months after the Effective Date;
(iv) achievement of an hourly Energy generation rate or, in the case of a Net Metered Facility, hourly Excess Energy Output, that is equivalent to the Proposed Hourly Output for at least four complete hours (which do not need to be four consecutive hours), which amount shall be adjusted to the extent required to reflect a lack of availability of a motive energy (such as wind speed or insolation), and other factors, as proposed by Seller’s engineer and accepted by Buyer in its reasonable discretion (the “Output Demonstration”) within eighteen (18) months after the Effective Date; and
(v) achievement of the Commercial Operation Date by the date that is twenty (20) months after the Effective Date.
(b) Seller shall provide Buyer with written notice of the achievement of each Critical Milestone within seven (7) days after that achievement, which notice shall include information demonstrating with reasonable specificity that such Critical Milestone has been achieved, which information will be acceptable to Buyer in its reasonable discretion.
(c) The Parties agree that time is of the essence with respect to the dates for Critical Milestones and is part of the consideration to Buyer in entering into this Agreement.
(d) If the Facility does not achieve the Output Demonstration by the milestone date set out in Section 3.1(a)(iv), then (i) Buyer shall retain the full amount of the Performance Guarantee Deposit and (ii) this Agreement shall automatically terminate on ...
Critical Milestones. (a) Subject to Sections 4.1(c), 4.1(d) and 4.1(e), commencing on the Effective Date, Owner shall develop the NECEC Transmission Line in order to achieve the milestones set forth in clauses (i), (iii)-(v), and (vii) below, and use commercially reasonable efforts to cause HQUS to develop the Québec Line in order to achieve the milestones set forth in clauses (ii) and (vi) below (each clause, a “Critical Milestone”) on or before the dates set forth in this Section 4.1(a):
(i) Receipt of all Owner Approvals (other than the Municipal Owner Approvals) and AC Upgrade Approvals in final form by the Approval Deadline;
(ii) Receipt of all Canadian Approvals in final form by the Canadian Approval Deadline;
(iii) Receipt of the Municipal Owner Approvals in final form by the Municipal Owner Approval Deadline;
(iv) Closing of any financing required for the construction and operation of the NECEC Transmission Line or other demonstration to Distribution Company’s reasonable satisfaction of the financial capability of Owner to construct the NECEC Transmission Line, including, as applicable, Owner’s financial obligations with respect to interconnection of the NECEC Transmission Line and construction of the AC Upgrades and the CCIS Capacity Upgrades, by the Financing Deadline; and
(v) Execution by Owner and a contractor of an agreement for the engineering, procurement, and construction of the converter station at the southern end of the HVDC Line and payment by Owner to the contractor of an initial payment of at least 5% of the total price of the agreement, both by the Converter Station Contract Deadline;
(vi) Execution by Hydro-Québec Equipment, a division of Hydro-Québec, of a contract that provides for the engineering, procurement, or construction of the converter station associated with the Québec Line by the Québec Converter Station Contract Deadline; Target Date. Date, which shall be governed by the provisions of Section 4.2, Owner shall provide Distribution Company (or, in the case of clause (ii), use commercially reasonable efforts to cause HQUS to provide Distribution Company) with written notice of the achievement of each Critical Milestone as set forth in Attachment B within seven (7) days after that achievement, which notice shall include information demonstrating with reasonable specificity that such Critical Milestone has been achieved. Owner acknowledges that Distribution Company will receive such notice solely to monitor progress toward the Commercial Operati...
Critical Milestones. The Seller shall use commercially reasonable efforts to cause the development and construction of the Facility to meet each of the following milestones (“Critical Milestones”) by the date set forth below (subject to Sections 11.2(c) and 11.5):
(i) Demonstration of site control by ______;
(ii) Execution of agreement for gas interconnection (if applicable) by _____;
(iii) Execution of electric interconnection agreement by _____;
(iv) Completion of data submission to the California Energy Commission (“CEC”) by ____;
(v) Receipt of CEC approval and all permits necessary to commence construction by ______ (which must be no later than 18 months after the Effective Date for projects over 100 MW; or no later than 12 months after the Effective Date for projects under 100 MW (due to the reduced timeline for securing permits under the CEC Small Power Plant Exemption));
(vi) Site readiness for construction, including receipt of any and all necessary zoning approvals, easements, rights of way, and rights to water and sewer access (subject to construction of facilities), as necessary by ______;
(vii) Placement of order for major equipment including combustion turbines, steam turbines, HRSGs, and transformers by ______;
(viii) Receipt of commitment for construction and permanent financing by ______;
(ix) Close of construction financing by ______;
(x) Execution of the Engineering Procurement and Construction (“EPC”) Contract by ______;
(xi) Issuance of EPC notice to proceed by ______;
(xii) Close of permanent financing by ______;
(xiii) Receipt of major equipment on-site by ______;
(xiv) Completion of electric interconnection by ______;
(xv) Completion of gas interconnection by ______;
(xvi) Expected Initial Delivery Date is ______.
Critical Milestones. Contractor acknowledges and understands that the Project Schedule contains certain time-sensitive milestones (“Critical Milestones”) that must be attained by certain dates; otherwise, the City will suffer financial harm. Milestones that are Critical Milestones are so indicated in the Project Schedule. Notwithstanding City’s ability to assess liquidated damages for Contractor’s failure to meet any Critical Milestone, the time period for achieving final Acceptance shall not exceed [insert number] calendar days after initiation of System testing. In addition to any other remedy provided under this Agreement, Contractor’s inability to achieve final Acceptance of the System within [insert number] calendar days after the last Critical Milestone will be cause for immediate termination of this Agreement, and City shall be entitled to a full refund of any amounts paid to Contractor under this Agreement for the portion(s) of the Programs that are not accepted.
Critical Milestones. [Sections 3.1 to 3.3 apply only to development projects and would not apply to existing facilities]
Critical Milestones. 169 Critical milestones are milestones on the critical path of the T2S Programme Plan. Please refer to 170 Section 5.3 for the definition of the T2S Critical Path.
Critical Milestones. Contractor acknowledges and understands that the Project Schedule contains certain time-sensitive milestones (Critical Milestones) that must be attained by certain dates; otherwise, the City will suffer financial harm. Milestones that are Critical Milestones are so indicated in the Project Schedule. Notwithstanding City’s ability to assess
Critical Milestones. Seller shall use commercially reasonable efforts to cause the development and construction of the Facility to meet each of the Critical Milestones by the dates set forth in Appendix XXVII. Seller shall provide Buyer with any requested documentation to support the achievement of Critical Milestones within ten (10) Business Days of receipt of such request by Seller. If Seller misses any Critical Milestone by more than thirty (30) days, except as the result of Force Majeure, Seller shall submit to Buyer, within ten (10) Business Days of such missed Critical Milestone completion date, a remedial action plan (“Remedial Action Plan”), which is outlined in the Monthly Construction Progress Report (Appendix XXVIII) and requires Seller to provide a detailed description of its proposed course of action to achieve the missed Critical Milestones and all subsequent Critical Milestones by the Guaranteed Commercial Operation Date; provided, that delivery of any Remedial Action Plan shall not relieve Seller of its obligation to meet any subsequent Critical Milestones and the Expected Initial Delivery Date.
Critical Milestones. In this section, please include information on each Critical Milestone listed in Appendix XXVII, plus any additional significant milestones related to the project. Please state the status and progress of each Critical Milestone. Provide the date of completion of completed Critical Milestone(s) and the expected date of completion of uncompleted Critical Milestone(s). The expected date is the current best estimate, and may change from time to time as better information becomes available. Please describe in detail any delays (actual or anticipated) beyond the scheduled Critical Milestone dates. Describe the cause of the delay (e.g., governmental approvals, financing, property acquisition, design activities, equipment procurement, project construction, interconnection, or any other factor). Describe Seller’s Remedial Action Plan which shall include detailed plans to achieve the missed Critical Milestone and subsequent Critical Milestones.
Critical Milestones. (1) Supplier’s achievement of the Critical Milestones shall be the basis for Customer Party’s payment for the Transition Services relating to the applicable Critical Milestone.
(2) Subject to Section 3.16 and Section 23.01(2)(f), if Supplier fails to achieve a Critical Milestone, as further described in Exhibit 1, by its specified Milestone Completion Date as a result of the failure of Supplier to perform its obligations pursuant to this Agreement: (a) [****] and (b) [****].
