Development; Construction; Progress Reports. Within fifteen (15) days after the close of (i) each calendar quarter from the first calendar quarter following the Effective Date until the Construction Start Date, and (ii) each calendar month from the first calendar month following the Construction Start Date until the Commercial Operation Date, Seller shall provide to Buyer a Progress Report and agree to regularly scheduled meetings (no more than monthly) between representatives of Buyer and Seller to review such monthly reports and discuss Seller’s construction progress. The form of the Progress Report is set forth in Exhibit E. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request by Seller. For the avoidance of doubt, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility.
Development; Construction; Progress Reports. Within fifteen (15) days after the close of (i) each calendar quarter following the Effective Date until the Construction Start Date and (ii) each calendar month from the first calendar month following the Construction Start Date and continuing through the Commercial Operation Date, Seller shall provide to Buyer a Progress Report and agree to regularly scheduled meetings between representatives of Buyer and Seller to review such reports and discuss Seller’s construction progress. The form of the Progress Report is set forth in Exhibit E. Seller shall also provide Buyer with any reasonably requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request by Seller. Seller is solely responsible for the design and construction of the Facility, including the location of the Site, the Facility layout, and the selection and procurement of the equipment comprising the Facility.
Development; Construction; Progress Reports. Within fifteen (15) days after the close of (i) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (ii) each month thereafter, Seller shall provide a Progress Report until the Commercial Operation Date to Buyer that (a) describes the progress towards meeting the Milestones; (b) identifies any missed Milestones, including the cause of the delay; and (c) provides a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. Xxxxxx agrees to regularly scheduled meetings between representatives of Xxxxx and Seller to review the Progress Reports and discuss Xxxxxx’s construction progress. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 18
Development; Construction; Progress Reports. Prior to the Expected Commercial Operation Date Seller shall provide to Buyer regular Progress Reports (at least monthly) and agrees to regularly scheduled meetings between representatives of Buyer and Seller to review such reports and discuss Seller’s construction progress. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request by Xxxxx. Following such Expected Commercial Operation Date if the Facility has not achieved Commercial Operation, Seller shall provide biweekly Progress Reports to Xxxxx and agrees to regularly scheduled meetings between representatives of Buyer and Seller to review such reports and discuss Seller’s construction progress. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility.
Development; Construction; Progress Reports. 21 2.4 Remedial Action Plan 21 2.5 Pre-Commercial Operation Actions 21 ARTICLE 3 PURCHASE AND SALE 22 3.1 Product 22 3.2 Facility Energy 22 3.3 Capacity Attributes 22 3.4 Ancillary Services 23 3.5 Resource Adequacy Failure. Subject to Section 19.12 23 3.6 Compliance Expenditure Cap 24 3.7 Facility Configuration 24 ARTICLE 4 OBLIGATIONS AND DELIVERIES 25 4.1 Delivery 25 4.2 [Intentionally Omitted] 25 4.3 Performance Guarantees; Ancillary Services 25 4.4 Facility Testing 26 4.5 Testing Costs and Revenues 27 4.6 Facility Operations 27 4.7 Dispatch Notice Requests 27 4.8 CAISO and Non-Buyer Dispatches 28 4.9 Charging Energy Management 28 4.10 Daily Capacity Availability Notice 29 4.11 Daily Operating Report 29 4.12 Outages 29 4.13 Seller Guarantor Financial Statements 31 4.14 Buyer Financial Statements 31 4.15 Operating Deviations 31 ARTICLE 5 TAXES, GOVERNMENTAL AND ENVIRONMENTAL COSTS 31 5.1 Allocation of Taxes and Charges 31 5.2 Cooperation 32 5.3 Environmental Costs 32 ARTICLE 6 MAINTENANCE AND REPAIR OF THE FACILITY 32 6.1 Maintenance of the Facility 32 6.2 Maintenance of Health and Safety 33 6.3 Shared Facilities 33 ARTICLE 7 METERING 33 7.1 Metering 33 7.2 Meter Verification 33 ARTICLE 8 INVOICING AND PAYMENT; CREDIT 34 8.1 Invoicing 34 8.2 Payment 34 8.3 Books and Records 34 8.4 Payment Adjustments; Billing Errors 35 8.5 Billing Disputes 35 8.6 Netting of Payments 35 8.7 Seller’s Development Security 35 8.8 Seller’s Performance Security 36 8.9 First Priority Security Interest in Cash or Cash Equivalent Collateral 36
Development; Construction; Progress Reports. Within fifteen (15) days after the close of (i) each calendar quarter from the first calendar quarter following the Effective Date until the Construction Start Date, and (ii) each calendar month from the first calendar month following the Construction Start Date until the Commercial Operation Date, Seller shall provide to Buyer a Progress Report and agree to regularly scheduled meetings between representatives of Buyer and Seller to review such monthly reports and discuss Seller’s construction progress. The form of the Progress Report is set forth in Exhibit E. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request by Seller. For the avoidance of doubt, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. Seller has the right, but not the obligation, in its sole discretion, to incorporate an integrated energy storage facility into the Facility. Prior to commencing construction on the Storage Facility, Seller will provide notice to Buyer with a revised Exhibit A and a revised Exhibit P reflecting the addition of the Storage Facility and the Storage Facility Meter, which will automatically supersede the prior version of Exhibit A and Exhibit P.
Development; Construction; Progress Reports. Within fifteen (15) days after the close of (i) each calendar quarter from the first calendar quarter following the Effective Date until the Construction Start Date, and (ii) each calendar month from the first calendar month following the Construction Start Date until the construction of the Facility is complete and the Facility has commenced selling power into the CAISO market, Seller shall provide to Buyer a Progress Report and agree to regularly scheduled meetings between representatives of Buyer and Seller to review such reports and discuss Seller’s construction progress. The form of the Progress Report is set forth in Exhibit E. After construction of the Facility is complete and the Facility has commenced selling power into the CAISO market, Seller’s obligation to provide a monthly Progress Report shall end, and Seller shall instead provide prompt Notice to Buyer of the occurrence of any events that are reasonably likely to result in a delay to the Commercial Operation Date. Seller shall also provide Buyer with any reasonably requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request by Seller. Seller is solely responsible for the design and construction of the Facility, including the location of the Site, the Facility layout, and the selection and procurement of the equipment comprising the Facility.
Development; Construction; Progress Reports. 20 2.4 Remedial Action Plan 20 2.5 Pre-Commercial Operation Actions 21 ARTICLE 3 PURCHASE AND SALE 21 3.1 Product 21 3.2 Facility Energy 21 3.3 Capacity Attributes 21 3.4 Ancillary Services 22 3.5 Resource Adequacy Failure 22 3.6 Compliance Expenditure Cap 22 3.7 Facility Configuration 23 ARTICLE 4 OBLIGATIONS AND DELIVERIES 23 4.1 Delivery 23 4.2 [Intentionally Omitted] 24 4.3 Performance Guarantees; Ancillary Services 24 4.4 Facility Testing 25 4.5 Testing Costs and Revenues 25 4.6 Facility Operations 26 4.7 Dispatch Notices 26 4.8 CAISO and Non-Buyer Dispatches 27 4.9 Charging Energy Management 27 4.10 Capacity Availability Notice 28 4.11 Daily Operating Report 28 4.12 Outages 28 4.13 Seller Guarantor Financial Statements 30 4.14 Operating Deviations 30 ARTICLE 5 TAXES, GOVERNMENTAL AND ENVIRONMENTAL COSTS 30 5.1 Allocation of Taxes and Charges 30 5.2 Cooperation 30 5.3 Environmental Costs 30
