Common use of Delivery Conditions Clause in Contracts

Delivery Conditions. (a) The Delivery Conditions are as follows: (i) At Seller’s expense, Seller shall have secured all Governmental and grid operations approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver Distribution Services at the Initial Contract Capacity to Buyer. (ii) Seller shall have posted collateral as required by Section 10.4(a)(ii). (iii) Seller shall have submitted for Buyer’s review a Project Safety Plan incorporating the elements described in Appendix XII, which must demonstrate Seller’s ability to comply with the Safety Requirements on the IDD and for the Delivery Term. (iv) Seller shall have delivered to Buyer the Safety Attestation in accordance with Section 2(a) of Appendix XIV. (v) As of the IDD, no Seller’s Event of Default shall have occurred and remain uncured. (vi) At Seller’s expense, Seller or Contractor shall have constructed or caused to be constructed the Project as of the IDD and submitted the Certification for Commercial Operation in Appendix VII-A to enable (A) Seller to satisfy the obligations of the Seller herein and (B) the Project to deliver Distribution Services at the Contract Capacity to Buyer. (vii) At Seller’s expense, Seller shall have installed any necessary metering to deliver the applicable Distribution Services in accordance with Section 4.1 and any applicable tariffs of the Utility Distribution Company. (viii) Seller shall have met each Critical Milestone set forth in Appendix VI pursuant to Section 2.3.

Delivery Conditions. (a) The Delivery Conditions are as follows: (i) At Seller’s expense, Seller shall have secured all Governmental and grid operations approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver Distribution Services at the Initial Contract Capacity to Buyer. (ii) Seller shall have posted collateral as required by Section 10.4(a)(ii). (iii) Seller shall have submitted for Buyer’s review a Project Safety Plan incorporating the elements described in Appendix XII, which must demonstrate Seller’s ability to comply with the Safety Requirements on the IDD and for the Delivery Term. (iv) Seller shall have delivered to Buyer the Safety Attestation in accordance with Section 2(a) of Appendix XIV. (v) As of the IDD, no Seller’s Event of Default shall have occurred and remain uncured. (vi) At Seller’s expense, Seller or Contractor shall have constructed or caused to be constructed the Project as of the IDD and submitted the Certification for Commercial Operation in Appendix VII-A to enable (A) Seller to satisfy the obligations of the Seller herein and (B) the Project to deliver Distribution Services at the Contract Capacity to Buyer. (vii) At Seller’s expense, Seller shall have installed any necessary metering to deliver the applicable Distribution Services in accordance with Section 4.1 and any applicable tariffs of the Utility Distribution Company. (viii) Seller shall have met each Critical Milestone set forth in Appendix VI pursuant to Section 2.3.

Delivery Conditions. (a) The Delivery Conditions are as follows: (i) At Seller’s expense, Seller shall have secured all Governmental and grid operations approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver Distribution Services at the Initial Contract Capacity to Buyer. (ii) Seller shall have posted collateral as required by Section 10.4(a)(ii). (iii) Seller shall have delivered to Buyer the Safety Attestation in accordance with Section 2(a) of Appendix XIX. (iv) Seller shall have submitted for Buyer’s review a Project Safety Plan incorporating the elements described in Appendix XIIPlan, which must demonstrate Seller’s ability to comply with the Safety Requirements on the IDD and for the Delivery Term. (iv) Seller shall have delivered to Buyer the Safety Attestation in accordance with Section 2(a) of Appendix XIV. (v) As of the IDD, no Seller’s Event of Default shall have occurred and remain uncured. (vi) At Seller’s expense, Seller or Contractor shall have constructed or caused to be constructed the Project as of the IDD and submitted the Certification for Commercial Operation in Appendix VII-A to enable (A) Seller to satisfy the obligations of the Seller herein and (B) the Project to deliver Distribution Services at the Contract Capacity to Buyer. (vii) At Seller’s expense, Seller shall have installed any necessary metering to deliver the applicable Distribution Services in accordance with Section 4.1 and any applicable tariffs of the Utility Distribution Company. (viii) Seller shall have met each Critical Milestone set forth in Appendix VI pursuant VIII-B. (b) Seller shall satisfy (i) the Delivery Condition in Sections 2.2(a)(i), (iv), and (vii) no later than thirty (30) days before the earliest applicable IDD, (ii) the Delivery Condition in Section 2.2(a)(ii) no later than the deadline set forth in Section 10.4(a)(ii), (iii) the Delivery Condition in Section 2.2(a)(iii) no later than the deadline set forth in Appendix XIX Section 2(a), (iv) the Delivery Condition in Section 2.2(a)(v) and (vi) as of the IDD; and (v) the Delivery Conditions in Section 2.2(a)(viii) no later than the deadlines set forth in Appendix VIII-B (as such deadlines may be extended in accordance with Appendix VIII-B). Seller shall Notify Buyer of the satisfaction of each Delivery Condition, and of each Critical Milestone, in accordance with this Section 2.2(b). Seller’s Notices hereunder must contain sufficient documentation to Section 2.3demonstrate completion of the Delivery Condition or Critical Milestone, as applicable. Once all of the Delivery Conditions to the applicable Initial Delivery Date have been satisfied or waived, the Parties shall execute and exchange on the applicable Initial Delivery Date the “Initial Delivery Date Confirmation Letter” attached as Appendix VII.

Delivery Conditions. (a) The Delivery Conditions are as follows: (i) At Seller’s expense, Seller shall have secured all Governmental Approvals and grid operations approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver Distribution Energy Efficiency Services at the Initial Contract Capacity Quantity to Buyer. (ii) Seller shall have posted collateral as required by Section 10.4(a)(ii). (iii) Seller shall have delivered to Buyer the Safety Attestation in accordance with Section 2(a) of Appendix XIX. (iv) Seller shall have submitted for Buyer’s review a Project Safety Plan incorporating the elements described in Appendix XII, which must demonstrate Seller’s ability to comply with the Safety Requirements on the IDD Initial Delivery Date and for the Delivery Term. (iv) Seller shall have delivered to Buyer the Safety Attestation in accordance with Section 2(a) of Appendix XIV. (v) As of the IDDInitial Delivery Date, no Seller’s Event of Default shall have occurred and remain uncured. (vi) At Seller’s expense, Seller or and its Contractor shall have constructed implemented and installed or caused to be constructed implemented and installed, the Project as of in conformity with the IDD and submitted the Certification for Commercial Operation in Appendix VII-A Project Implementation Plan to enable (A) Seller to satisfy the obligations of the Seller herein and (B) the Project to deliver Distribution Energy Efficiency Services at the Contract Capacity Quantity to Buyer. (vii) At Seller’s expense, Seller shall have installed any necessary metering to deliver the applicable Distribution Energy Efficiency Services in accordance with Section 4.1 4.1, Appendix X, and any applicable tariffs of the Utility Distribution Company. (viii) Seller shall have met each Critical Milestone set forth in Appendix VI pursuant VIII‑A. (ix) Seller shall have submitted an approved Project Implementation Plan in accordance with Section 4.4 . (x) Seller shall have submitted an approved Measurement and Verification Plan in accordance with Section 5.1. (xi) Seller shall have submitted to Buyer a Site/Customer List in accordance with Section 2.34.3.

Delivery Conditions. (a) The Delivery Conditions are as follows: (i) At Seller’s expense, Seller shall have secured all Governmental and grid operations approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver Distribution Services at the Initial Contract Capacity to Buyer. (ii) Seller shall have posted collateral as required by Section 10.4(a)(ii). (iii) Seller shall have submitted for Buyer’s review a Project Safety Plan Attestation incorporating the elements described in Appendix XIIXII as applicable, which must demonstrate Seller’s ability to comply with the Safety Requirements on the IDD and for the Delivery Term., and the Safety Attestation shall be substantially in the form attached hereto as Appendix VII-B. (iv) Seller shall have delivered to Buyer the Safety Attestation in accordance with Section 2(a) of Appendix XIV. (v) As of the IDD, no Seller’s Event of Default shall have occurred and remain uncured. (vi) At Seller’s expense, Seller or Contractor shall have constructed or caused to be constructed the Project as of the IDD and submitted the Certification for Commercial Operation in Appendix VII-A to enable (A) Seller to satisfy the obligations of the Seller herein and (B) the Project to deliver Distribution Services at the Contract Capacity to Buyer. (vii) At Seller’s expense, Seller shall have installed any necessary metering to deliver provide the applicable Distribution Services in accordance with Section 4.1 and any applicable tariffs of the Utility Distribution Company. (viii) Seller shall have met each Critical Milestone set forth in Appendix VI pursuant to Section 2.3. (ix) Seller shall have submitted to Buyer a Site/Customer List in accordance with Section 4.4. [Applies only to behind the meter projects] (x) Seller shall have submitted to Buyer an Installation Report in accordance with Appendix VI [Applies only to behind the meter projects]