Design and Construction of the Facility. (a) The Generator shall design and build the Facility using Good Electric Industry Practice and meet all relevant requirements of the Authoritative Documents, the Connection Agreement, this Agreement, the Permit and Licence (Power Plant), any other Governmental Approvals, and all Applicable Laws, and subject to Section 16.6, the Generator shall be responsible for all costs, expenses, liabilities and other obligations associated therewith. The Generator shall ensure that the Facility is designed and built to operate in accordance with the requirements of this Agreement.
Design and Construction of the Facility. (a) The Supplier agrees to design and build the Facility using Good Engineering and Operating Practices and meeting all relevant requirements of the IESO Market Rules, Transmission System Code, the Connection Agreement, in each case, as applicable, and all other Laws and Regulations. The Supplier shall ensure that the Facility is designed, engineered and constructed to operate in accordance with the requirements of this Agreement during the Term.
Design and Construction of the Facility. (a) Subject to the terms and conditions hereof, the Contractor shall perform, or cause to be performed, all work (the “Work”) necessary to design, engineer, procure, construct, license, start-up, test, commission and complete the Facility in accordance with the requirements of this Agreement.
(b) The Contractor shall at no time after the date of this Agreement modify, vary, or amend in any material respect any of the features or specifications of the Facility outlined in Exhibit A without first notifying the Owner Lessor in writing and obtaining the Owner Lessor’s consent in writing, which consent shall not be unreasonably withheld, provided that it shall not be unreasonable for the Owner Lessor to withhold its consent to any modification, variation or amendment which would, or would be likely to, materially adversely affect the ability of the Contractor to comply with its obligations under this Agreement. Notwithstanding the foregoing, the Contractor shall have the right, at any time, upon notice to, but without a prior approval of, the Owner Lessor, to make changes to any portion of the Work to the extent required to be made to comply with Prudent Industry Practice, including, but not limited to, in connection with the occurrence of Uncontrollable Forces or a change in Applicable Laws.
(c) The Contractor agrees to provide, at its expense, all power system components on the Facility Site, including all transformation, switching and auxiliary equipment, such as synchronizing and protection and control equipment.
Design and Construction of the Facility. (a) Subject to the terms and conditions hereof, the Contractor shall perform, or cause to be performed, all work (the “Work”) necessary to design, engineer, procure, construct, license, start-up, test, commission and complete the Facility in accordance with the requirements of this Agreement.
Design and Construction of the Facility. 12 2.1 The Facility . . . . . . . . . . . . . . . . . . . . 12 2.2
Design and Construction of the Facility. 7.2.1 Seller shall provide to the GPSC Seller's preliminary start-up and test schedule for the Facility at least ninety (90) days prior to start-up and testing of the Facility.
Design and Construction of the Facility. 8.2.1 If the Facility is not in Commercial Operation by January 1, 2003, Seller will provide Buyer with Initial Synchronization Date and Commercial Operation Date estimates (“Milestone Schedule”). Seller shall notify Buyer of any changes in these estimates and the status of construction as they may occur from time to time (including the reason(s) for the change); provided, however, that such notification shall not relieve Seller from any of its obligations set forth elsewhere herein.
Design and Construction of the Facility. Buyer shall design, construct, and operate the Facility on the Site. Prior to the commencement of any construction, Buyer shall, at its sole cost and expense, engage a qualified engineer to prepare plans and specifications in sufficient detail to show the design, character, and appearance of the Facility, which shall be submitted to Seller for review. Such plans and specifications shall consider and comply with all Applicable Laws and requirements, including, without limitation, for noise, aesthetics, appearance, odor, emissions, vibration and security. Buyer shall have twenty (20) business days after receipt of Seller’s objections to such plans and specifications to revise the plans and specifications to resolve those objections that are reasonable. After the final plans and specifications have been approved, Buyer may authorize reasonable changes thereto, provided that they do not materially alter the noise, emissions, design, character, capacity, aesthetics, and/or appearance of the Facility. Until the Commercial Operations Date, Buyer shall report to Seller monthly on the status of the construction of the Facility. Seller’s review and approval (which shall not be unreasonably withheld, delayed or conditioned) of Buyer’s plans and specifications shall not alter any obligations or responsibilities of Buyer under this Agreement, nor shall such review and approval create any warranties as to the design, suitability, capability, or expected performance of the Facility or operations. Notwithstanding Seller’s right to review and comment on the plans for the Facility, all proprietary data, drawings, plans, specifications and reports developed by Buyer and related to the Facility shall remain the intellectual property of Buyer. Buyer shall provide Seller with copies of all permits, licenses or approvals granted to Buyer relating to the Facility and planned business operations as of the Commercial Operations Date and thereafter upon the request of Seller.
Design and Construction of the Facility. The Facility shall be completed in accordance with Prudent Industry Practices and all applicable Legal Requirements. Seller shall use diligent efforts to achieve Commercial Operation of the Facility on or before the Required Commercial Operation Date and to otherwise carry out its obligations under this Agreement. The Facility shall be deemed to have achieved “Commercial Operation” upon fulfillment of all of the following criteria: (i) Seller shall demonstrate that the Facility is capable of producing Solar Energy and delivering such Solar Energy to the Point of Delivery on a reliable basis in accordance with Prudent Industry Practices; (ii) Georgia Power is able to receive such Solar Energy at the Point of Delivery on a reliable basis in accordance with Prudent Industry Practices;
Design and Construction of the Facility. The Facility shall be constructed according to Good Utility Practice and in a workmanlike, professional manner. Seller shall utilize in all respects Utility Grade Equipment. Seller's selection of any major contractors for engineering, procurement, or construction services shall be made from a list of permitted providers of such services to be approved by Southwestern, which approval shall not be unreasonably withheld.
