Deemed Commissioning Sample Clauses

Deemed Commissioning. In the event that for any reason (other than a breach by Project Company of its obligations under this Agreement or any other Project Agreement): Due to (A) any action or inaction by GPA which is inconsistent with the terms of this Agreement (including any default or breach), [(B) the discovery of a Pre-Existing Site Condition, (C) any failure by GPA or any third party appointed by GPA to carry out remediation work in accordance with Article Error: Reference source not found] or (D) unavailability of Fuel, a Commercial Operation Test is delayed beyond the date falling fourteen (14) Days before the Required Phase 1 Commercial Operation Date or Required Phase 2 Commercial Operation date (whichever is applicable), then upon receipt of a certificate from an Independent Engineer to the effect that the Facility is, or would have been, ready for testing by the relevant Required Commercial Operation Date, the Facility shall be deemed Commissioned for the respective Phase fifteen (15) Days after the relevant Required Commercial Operation Date (provided that for the avoidance of doubt the Project Company shall in no event be required to pay delay liquidated damages under Article 9.1 for such fifteen (15) Day period) and the Facility shall be deemed to be providing Initial Dependable Capacity equal to the applicable Contracted Facility Capacity for the purposes of payments of Capacity Charges to be made by GPA to Project Company. If the Facility has been deemed Commissioned for a Phase, the Commercial Operation Tests for such phase shall be conducted at the first available opportunity after such deemed Commissioning, and the Initial Dependable Capacity adjusted as a result of such test in accordance with subsection (b) below. Project Company shall use reasonable efforts to mitigate the delay caused by any of the events mentioned in this Article 8.5.1(a). In the event that the Initial Dependable Capacity of the Facility at the Commercial Operation Tests after the Phase has been deemed Commissioned, is less than the applicable Contracted Facility Capacity, Project Company shall refund to GPA an amount equal to: the difference, if any, between the applicable Contracted Facility Capacity and the Initial Dependable Capacity divided by the applicable Contracted Facility Capacity; times the total Capacity Charges paid between the date of deemed Commissioning and the date upon which the Initial Dependable Capacity Tests take place; provided, however, that in the event that t...
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Deemed Commissioning. In the event that JPS does not accept energy produced by the Facility during the scheduled Commissioning of the Facility in breach of this Agreement (and, for avoidance of doubt, expressly excluding JPS’ inability or refusal to accept such energy due to the occurrence of an event of Force Majeure, an Emergency or a Company Event of Default), and as a result the Commissioning of the Facility is delayed for more than fourteen (14) Days from the scheduled date, then, pending actual testing and upon receipt of a certificate from the Independent Engineer to the effect that the Facility is ready for testing and Commissioning, the Facility shall be deemed to be providing Dependable Capacity equivalent to [input MEGAWATTS] MW for the purposes of Fixed Payments to be made by JPS pursuant to Clause 9.1 hereof provided that, (a) the Company shall not be liable for the payment of liquidated damages in accordance with Clause 9.4.1 for the number of days equivalent to the period commencing on the Day the Facility was deemed Commissioned in accordance with this Clause 4.5 and ending on the earlier of (i) the Day after which the Commissioning Tests are carried out, or (ii) fourteen (14) Days after the Day on which JPS notifies the Company that it is ready and able to accept the energy produced by the Facility during Commissioning (“Delay Period”), (b) the period of one (1) year stated in Clause 14.1.4 shall be extended by the number of Days equivalent to the Delay Period, and (c) the period specified in Schedule 4 for the additional Commissioning tests shall be extended by the number of Days equivalent to the Delay Period. The Company shall be entitled to no penalty or claim for damages as a result of such delay. If the Facility shall have been deemed Commissioned as provided in this Clause 4.5 and thereafter when tested shall have failed to satisfy the requirements of Schedule 4, then the Facility shall cease to be deemed Commissioned until such time as the Facility shall have successfully completed the tests referred to in Schedule 4, and no Fixed Payments shall be due to the Company in respect thereof for the period from the date on which the Facility shall have been tested and failed to satisfy the requirements of Schedule 4 until the date on which the Facility shall have been tested and satisfied the requirements of Schedule 4; provided that, if the Facility shall have been deemed Commissioned, the Facility shall be tested at the first available opportunity after suc...
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Deemed Commissioning. In the event that GPL does not accept energy produced by the Facility during the scheduled Commissioning of the Facility in breach of this Agreement (and, for avoidance of doubt, expressly excluding GPL’s inability or refusal to accept such energy due to the occurrence of an event of Force Majeure, an Emergency or a Company Event of Default), and as a result the Commissioning of the Facility is delayed for more than fourteen (14) Days from the scheduled date, then, pending actual testing and upon receipt of a certificate from the Independent Engineer to the effect that the Facility is ready for testing and Commissioning, the Facility shall be deemed to be providing Dependable Capacity equivalent to [input MEGAWATTS] MW for the purposes of Fixed Payments to be made by GPL pursuant to Clause 9.1. (a) the Company shall not be liable for the payment of liquidated damages in accordance with Clause 9.4.1 for the number of days equivalent to the period commencing on the Day the Facility was deemed Commissioned in accordance with this Clause 4.5 and ending on the earlier of (i) the Day after which the Commissioning Tests are carried out, or (ii) fourteen
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Deemed Commissioning. If the Commercial Operation Date is delayed or prevented beyond the Commercial Operation Longstop Date by any of the following events: Governmental Force Majeure; failure by the Buyer to perform any of its obligations under this Agreement; or failure by Network Operator to make the Grid available and/or to evacuate Energy generated (or to be generated) during Initial Tests carried out (or to be carried out) in accordance with this Agreement, the Project Company shall be entitled to apply in writing to the Engineer (with a copy provided to the Buyer) for a certification of the date on which, in the Engineer's professional opinion, the Commercial Operation Date would have occurred but for the occurrence of the event(s) listed above (such date the "Deemed Commercial Operation Date").
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Deemed Commissioning a) If the Seller would have been able to achieve the Commissioning Date but for reasons of Force Majeure, failure of the Buyer or any Governmental Authority to: i. complete and commission the Interconnection Facilities as required under Clause 4.2; or ii. cooperate in the conduct of the Commissioning Tests as required under Clause 4.3(c), the Facility will be deemed to have: i. been Commissioned on the date it would have been but for such circumstances; and ii. generated from that date until the date it is actually Commissioned.
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Related to Deemed Commissioning

  • Commissioning Commissioning tests of the Interconnection Customer’s installed equipment shall be performed pursuant to applicable codes and standards. The ISO and Connecting Transmission Owner must be given at least five Business Days written notice, or as otherwise mutually agreed to by the Parties, of the tests and may be present to witness the commissioning tests.

  • Synchronization, Commissioning and Commercial Operation 4.1.1 The Power Producer shall give at least fifteen (15) days written notice to the SLDC / ALDC / DISCOM as the case may be, of the date on which it intends to synchronize the Power Project to the Grid System. 4.1.2 Subject to Article 4.1.1, the Power Project may be synchronized by the Power Producer to the Grid System when it meets all the connection conditions prescribed in the Grid Code and otherwise meets all other Indian legal requirements for synchronization to the Grid System. 4.1.3 The synchronization equipment and all necessary arrangements / equipment including Remote Terminal Unit (RTU) for scheduling of power generated from the Project and transmission of data to the concerned authority as per applicable regulation shall be installed by the Power Producer at its generation facility of the Power Project at its own cost. The Power Producer shall synchronize its system with the Grid System only after the approval of GETCO / SLDC / ALDC and GEDA. 4.1.4 The Power Producer shall immediately after each synchronization / tripping of generator, inform the sub-station of the Grid System to which the Power Project is electrically connected in accordance with applicable Grid Code. 4.1.5 The Power Producer shall commission the Project within SCOD. 4.1.6 The Power Producer shall be required to obtain Developer and/ or Transfer Permission, Key Plan drawing etc, if required, from GEDA. In cases of conversion of land from Agricultural to Non-Agriculture, the commissioning shall be taken up by GEDA only upon submission of N.A. permission by the Power Producer. 4.1.7 The Power Producer shall be required to follow the Forecasting and Scheduling procedures as per the Regulations issued by Hon’ble GERC from time to time. It is to clarify that in terms of GERC (Forecasting, Scheduling, Deviation Settlement and Related Matters of Solar and Wind Generation Sources) Regulations, 2019 the procedures for Forecasting, Scheduling & Deviation Settlment are applicable to all solar generators having combined installed capacity above 1 MW connected to the State Grid / Substation including those connected via pooling stations.

  • Decommissioning (a) The Contractor shall submit to the Designated Authority, for its approval, pursuant to sub-paragraph 4.11(d)(v), a Decommissioning Plan for the Development Area and a schedule of provisions for the Decommissioning Costs Reserve. (b) The Decommissioning Plan shall be revised and resubmitted to the Designated Authority for its approval at such times as are reasonable having regard to the likelihood that the Decommissioning Plan (including cost estimates thereunder) may need to be revised. (c) The Contractor shall carry out the Decommissioning Plan substantially in accordance with its terms. (d) Estimates of the monies required for the funding of the Decommissioning Plan shall be charged as Recoverable Costs beginning in the Calendar Year following the Calendar Year in which Commercial Production first occurs. The amount charged in each Calendar Year shall be calculated as follows: (i) The total Decommissioning costs at the expected date of Decommissioning shall first be calculated. (ii) There shall be deducted from such total Decommissioning costs the additions made to the Decommissioning Costs Reserve made, and taken as Recoverable Costs, in all previous Calendar Years together with interest on such Recoverable Costs calculated to the approved date of Decommissioning at the actual or forecast rate of Uplift (whichever is applicable). (iii) The residual Decommissioning costs, resulting from the calculations under sub-paragraph 4.14(d)(i) and (ii), shall then be discounted to the Calendar Year in question at the forecast rate of Uplift for each Calendar Year remaining until the Calendar Year of Decommissioning. (iv) The discounted total of residual Decommissioning costs shall then be divided by the total number of Calendar Years remaining prior to the Calendar Year of Decommissioning itself, including the Calendar Year in question. (v) The resultant amount shall be the addition to the Decommissioning Costs Reserve for the Calendar Year in question. (vi) It is the intention of this provision that the total accumulated provision allowed, including interest calculated to the Calendar Year of Decommissioning at the rate of Uplift, will equal the total Decommissioning costs. (vii) If the amount in sub-paragraph 4.14(d)(v) is a negative amount, then such amount shall be treated as a reduction of Recoverable Costs for the Calendar Year in question.

  • Project Completion The Contractor agrees to schedule a final job walk with the County. If required, the County will prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the “Punch List” corrections and schedule a final project completion job walk. The County will sign the “Punch List” as completed when determined, the project is finished. The Contractor agrees to submit the following along with its final payment request:

  • Planned Outages Seller shall schedule Planned Outages for the Project in accordance with Good Industry Practices and with the prior written consent of Buyer, which consent may not be unreasonably withheld or conditioned. The Parties acknowledge that in all circumstances, Good Industry Practices shall dictate when Planned Outages should occur. Seller shall notify Buyer of its proposed Planned Outage schedule for the Project for the following calendar year by submitting a written Planned Outage schedule no later than October 1st of each year during the Delivery Term. The Planned Outage schedule is subject to Buyer’s approval, which approval may not be unreasonably withheld or conditioned. Buyer shall promptly respond with its approval or with reasonable modifications to the Planned Outage schedule and Seller shall use its best efforts in accordance with Good Industry Practices to accommodate Xxxxx’s requested modifications. Notwithstanding the submission of the Planned Outage schedule described above, Seller shall also submit a completed Outage Notification Form to Buyer no later than fourteen (14) days prior to each Planned Outage and all appropriate outage information or requests to the CAISO in accordance with the CAISO Tariff. Seller shall contact Buyer with any requested changes to the Planned Outage schedule if Seller believes the Project must be shut down to conduct maintenance that cannot be delayed until the next scheduled Planned Outage consistent with Good Industry Practices. Seller shall not change its Planned Outage schedule without Buyer’s approval, not to be unreasonably withheld or conditioned. Seller shall use its best efforts in accordance with Good Industry Practices not to schedule Planned Outages during the months of July, August, September and October. At Buyer’s request, Seller shall use commercially reasonable efforts to reschedule Planned Outage so that it may deliver Product during CAISO declared or threatened emergency periods. Seller shall not substitute Energy from any other source for the output of the Project during a Planned Outage.

  • Downtime There may be downtime during the Migration. The duration of the downtime will depend on the amount of data that Agency is migrating. Axon will work with Agency to minimize any downtime. Any VIEVU mobile application will need to be disabled upon Migration.

  • Overtime Scheduling 1. Each employee interested in working overtime may volunteer by requesting, in writing, to be added to the voluntary overtime list within his/her building and/or the district-wide voluntary overtime list. They will also indicate whether they wish to work during their vacation period. Such written request to be added to or deleted from the overtime lists may be made at any time; however, if the employee is requesting to be deleted from the list(s), he/she shall not be allowed to rejoin the list(s) for a ninety (90) calendar day period. Such lists shall be maintained on a yearly basis, from September 1st to August 31st of each year. The employer will serve notice to the employees, by a memo into each work area, that overtime lists are being formulated, by August 15th of each year. 2. The list will be compiled for September with the volunteers listed in seniority order. Overtime shall be rotated among volunteers. The rotation shall be continuous through the year until a new list is compiled the following September. If an employee volunteers who was not on the list he/she shall be placed on the list according to his/her seniority and he/she shall be eligible to work overtime in accordance with the normal rotation. 3. To the extent possible, employees will be notified at least four (4) hours prior to the end of the shift of any overtime for that day and by noon on Friday for any Saturday overtime. Any employee who has volunteered to work overtime and is notified in accordance with this paragraph shall be obligated to work the overtime hours in their building unless excused by the supervisor. 4. Overtime assignments will be on a rotating schedule among the qualified employees within each classification who have expressly volunteered for such overtime work. The employer’s obligation to rotate overtime shall be satisfied by calling employees who are working at the time the overtime determination is made (i.e., not on vacation or other leave of absence) in seniority order and offering them the opportunity to work. 5. If there are insufficient volunteers available for any specific assignment, the employer may require the least senior employee in the division to perform the work. 6. Substantiated errors made in the rotation of overtime (Article XIII Section G.4) will be corrected on the basis of offering the by-passed employee an amount of overtime equal to the time lost due to the error of assignment. Depending on the number of hours involved, it is possible that this may take more than (1) one overtime offer/assignment. Acceptance of the compensatory overtime will not change the employees spot in the overtime rotation, thus the employee will remain eligible for overtime in the same rotation as before the error. The compensatory overtime will not be offered at such a time or in such a manner that would purposefully cause inconvenience or inability to the effected employee to comply. In the event the employee declines the offered overtime work, the employee shall forfeit any future claim to the overtime hours in dispute.

  • Due Diligence Examination At any time during the Review Period, and thereafter through Closing of the Property, Buyer and/or its representatives and agents shall have the right to enter upon the Property at all reasonable times for the purposes of reviewing all Records and other data, documents and/or information relating to the Property and conducting such surveys, appraisals, engineering tests, soil tests (including, without limitation, Phase I and Phase II environmental site assessments), inspections of construction and other inspections and other studies as Buyer deems reasonable and necessary or appropriate to evaluate the Property, subject to providing reasonable advance notice to Seller unless otherwise agreed to by Buyer and Seller (the “Due Diligence Examination”). Seller shall have the right to have its representative present during Buyer’s physical inspections of its Property, provided that failure of Seller to do so shall not prevent Buyer from exercising its due diligence, review and inspection rights hereunder. Buyer agrees to exercise reasonable care when visiting the Property, in a manner which shall not materially adversely affect the operation of the Property.

  • Start-Up and Synchronization Consistent with the mutually acceptable procedures of the Developer and Connecting Transmission Owner, the Developer is responsible for the proper synchronization of the Large Generating Facility to the New York State Transmission System in accordance with NYISO and Connecting Transmission Owner procedures and requirements.

  • Part-time Scheduling Subject to Section B of this Article, the Employer and the Association endorse the principle that less than full time equivalent ("FTE") positions shall, within reason, be expected to work a biweekly work period that equates to an eighty (80) hour work period multiplied by the position's FTE. (e.g., 80 hours @ .75 = 60 hours). It is further understood by both parties that ASF Members assigned to less than a FTE position may be required, during the peak work periods, to exceed their normal biweekly work period. FLSA non-exempt ASF Members who work a part-time schedule will earn overtime for hours worked in excess of forty (40) in a work week. The Employer agrees to review any ASF position that is less than one (1) FTE if the Association can demonstrate that the position has regularly been required to work a work period that substantially exceeds the normal work period as defined above, and adjust the FTE of the respective position as deemed appropriate by the Employer.

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