Developer Covenants. Developer hereby covenants as follows: 9.2.1 Unless otherwise stated in this Agreement, the Developer shall design, finance, construct, own, operate and maintain the Project or any part thereof in accordance with this Agreement and its applicable Schedules, and all laws, rules, regulations and ordinances that are enforceable or binding upon Developer; 9.2.2 Developer shall successfully complete the test operations required by Schedule 4 (Commissioning Requirements) for the Project on or before the Required Commercial Operations Date; 9.2.3 In addition to the Technical Specifications of Schedule G, Developer shall operate and maintain the Project in such a manner so as not to have an adverse effect on Utility voltage level and/or voltage waveform, power factor and frequency or produce adverse levels of voltage flicker and/or voltage harmonics; 9.2.4 In addition to the Technical Specifications of Schedule G, Developer shall at all times cause the Project to be operated and maintained consistent with Prudent Utility Practice; 9.2.5 Developer shall in accordance with the Technical Specifications of Schedule G, install protective relays within the Project having ratings and characteristics approved by Utility. Such approval shall not constitute a Utility any warranty or representation and shall not operate to increase the liability of Utility with respect to third parties. In addition to the the Technical Specifications of Schedule G, Developer shall maintain the settings of all such relays at levels reasonably acceptable to Utility. Developer shall not change the settings of such relays without prior written consent of Utility, which consent shall not be unreasonably withheld or delayed. 9.2.6 Developer shall notify Utility in writing of all apparatus that is from time to time included in Developer's Project installations and that is likely to cause undue disturbance of Utility's system. Such apparatus shall be utilised only with the approval of, and as specified by, Utility, in writing. Such approval shall not constitute a Utility any warranty or representation and shall not operate to increase the liability of Utility with respect to third parties. 9.2.7 Where approval is granted pursuant to Paragraph 9.2.6 above, Developer shall use all reasonable efforts to prevent any apparatus being utilised in such a manner as to cause any undue disturbance of Utility' system. If Utility finds that any such apparatus is being utilised in a manner that causes such disturbance, Developer shall, upon receiving notice of such finding from Utility, immediately cease to so utilise such apparatus until steps have been taken to the reasonable satisfaction of Utility to eliminate such disturbance; alternatively, Developer shall replace such apparatus by other apparatus approved by Utility. In cases of emergency, oral notice will suffice for the purposes of this Paragraph, provided that such oral notice shall be confirmed in writing within 48 hours of being given to Developer.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement