Common use of Delivery Start Date Clause in Contracts

Delivery Start Date. (a) The “Delivery Start Date” shall be the earlier of (a) the Commercial Operation Date, provided that, for purposes of Section 2.1 and this Section 3.1(a), if the Commercial Operation Date occurs before October 1, 2010, the Commercial Operation Date shall be deemed not to have occurred until October 1, 2010, and (b) February 1, 2011. (b) If the Delivery Start Date will be prior to October 1, 2010, Seller shall provide no less than thirty (30) Days written notice to Purchaser in advance thereof, and in the absence of such notice Purchaser shall have the right, but not the obligation, to commence receipts of Gas hereunder. (c) During commissioning of the Facility and prior to the Delivery Start Date, Purchaser shall in good faith attempt to schedule and accept delivery of all Gas offered for sale by Seller; however neither Party shall have an obligation to sell or purchase any such Gas. Any such Gas scheduled by Purchaser shall be designated as Additional Gas and shall be delivered on an Interruptible basis. (d) The following milestones (each, a “Milestone”) and the dates specified for achieving each Milestone (each, a “Milestone Date”) shall be met by Seller for the Facility, subject to extension in accordance with Article XIII: (i) Financial Closing Date December 31, 2007 (ii) Commercial Operation Date February 1, 2011

Delivery Start Date. (a) The “Delivery Start Date” shall be the earlier of (a) the Commercial Operation Date, provided that, for purposes of Section 2.1 and this Section 3.1(a), if the Commercial Operation Date occurs before October January 1, 2010, the Commercial Operation Date shall be deemed not to have occurred until October January 1, 2010, and (b) February 1June 30, 20112010. (b) If the Delivery Start Date will be prior to October 1June 30, 2010, Seller shall provide no less than thirty (30) Days written notice to Purchaser in advance thereof, and in the absence of such notice Purchaser shall have the right, but not the obligation, to commence receipts of Gas hereunder. (c) During commissioning of the Facility and prior to the Delivery Start Date, Purchaser shall in good faith attempt to schedule and accept delivery of all Gas offered for sale by Seller; however neither Party shall have an obligation to sell or purchase any such Gas. Any such Gas scheduled by Purchaser shall be designated as Additional Gas and shall be delivered on an Interruptible basis. (d) The following milestones (each, a “Milestone”) and the dates specified for achieving each Milestone (each, a “Milestone Date”) shall be met by Seller for the Facility, subject to extension in accordance with Article XIII: (i) Financial Closing Date December 31June 30, 2007 (ii) Commercial Operation Date February 1June 30, 20112010