Extension of dates related to Milestone Events. Each of the Milestone Event (Scheduled), COD (Target) and COD (Sunset): may be adjusted: in accordance with clause 8; or by written agreement between the parties including under a ME Cure Plan; and are not subject to adjustment for any other reason. Except in circumstances where the Commonwealth elects to terminate this Agreement and subject to clauses 5.5(b) and 5.5(e), the Commonwealth's sole financial remedy and the Operator's sole financial Liability for failure to achieve Commercial Operation by the Final Support Commencement Date is limited to any resulting reduction in the length of the Operations Period (including Support Period) in accordance with the definition of that term and the amount of any Quarterly Payment and Annual Reconciliation Payments not required to be paid by the Commonwealth in those circumstances. The Operator acknowledges and agrees that clause 5.5(a) does not limit the Commonwealth's rights and Operator's Liability in respect of an event giving rise to the delay or the consequences of such event, other than the delay itself. Subject to clauses 5.5(d) and 5.5(e), where this Agreement terminates for a failure to achieve Commercial Operation by the COD (Sunset), the Commonwealth's sole remedy for the Operator's failure to achieve Commercial Operation by the COD (Sunset) is termination of this Agreement in accordance with clause 5.3 and clause 27.2 and the Commonwealth's rights pursuant to clauses 27.3 and 28. The Operator acknowledges and agrees that clause 5.5(c) does not limit the Commonwealth's rights and Operator's Liability in respect of an event giving rise to the delay or the consequences of such event, other than the delay itself. This clause 5.5 is without prejudice to: any rights or remedies the Commonwealth may have in relation to matters arising under or in connection with this Agreement (other than those specifically referred to in this clause 5.5); and clause 5.2 to clause 5.4. Construction obligations On and from the Commencement Date, the Operator must, at its own cost and risk, promptly commence and carry out the design, construction, commissioning, testing and completion of the Facility: regularly, diligently and expeditiously and in accordance with Good Construction Industry Practice; in compliance with all Authorisations and Laws, including health and safety Laws; in accordance with this Agreement and the Operator’s Transaction Documents; so that the Facility (when designed, constructed, commissioned, tested an...
Extension of dates related to Milestone Events. Each of the Milestone Event (Scheduled), COD (Target) and COD (Sunset):
(a) may be adjusted:
(i) in accordance with clause 8; or
(ii) by written agreement between the parties including under a ME Cure Plan; and
(b) are not subject to adjustment for any other reason.
