Common use of Extensions of Time Clause in Contracts

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Extensions of Time. 4.5.1 In the event that the SPD RPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDRPD, the SCSD and the Expiry Date shall be deferred, deferred for a reasonable period but not less than ‘day for day’ basis, to permit the SPD RPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD RPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD RPD has complied with the complete application formalities as per RfS, (ii) The SPD RPD has adhered to the applicable Procedure procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDRPD; The above shall be treated as delays beyond the control of the SPD RPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPDRPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5SECI . 4.5.4 If the Parties RPD and SECI have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commencement of Supply Date or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commencement of Supply Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commencement of Supply Date and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of supply of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD WPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPDWPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD WPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD WPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD WPD has complied with the complete application formalities as per RfS, (ii) The SPD WPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPDWPD; The above shall be treated as delays beyond the control of the SPD WPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case Further, any delay in adoption of change in Project location(s) tariff by the SPDAppropriate Commission, extension requests under beyond 120 days of Effective Date after this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotationsAgreement, shall refer solely to change entail a corresponding extension in Delivery Point(s) of the ProjectScheduled Commissioning Date. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date months, any of the Force Majeure Notice, termination of this Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. In case neither party terminates the Agreement under this clause, the Agreement shall stand terminated on the expiry of twelve (12) months of the continuation of the Force Majeure event unless the parties mutually agree to extend the Agreement for the further period. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commissioning Date or the Expiry Date should be deferred, either any Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commissioning Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commissioning Date and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD HPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDHPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD HPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD HPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD HPD has complied with the complete application formalities as per RfS, (ii) The SPD HPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPDHPD; The above shall be treated as delays beyond the control of the SPD HPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case Further, any delay in adoption of change in Project location(s) tariff by the SPDAppropriate Commission, extension requests under beyond 120 days after Effective Date of this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotationsAgreement, shall refer solely to change entail a corresponding extension in Delivery Point(s) of the ProjectScheduled Commissioning Date. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD HPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDHPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD HPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD HPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD HPD has complied with the complete application formalities as per RfS, (ii) The SPD HPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is a solely attributable to the CTU/transmission licensee and is beyond the control of the SPDHPD; The above shall be treated as delays beyond the control of the SPD HPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPDHPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & ArticleArticle 4.5.2 shall be an event of default on part of the HPD and shall be subject to the consequences specified in the Article 4.6.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 underArticle4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI NODAL RAILWAY Event of Default; orDefault;or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , NODAL RAILWAY,or c) Force Majeure Events affecting the SPDtheSPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) NODAL RAILWAY through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)NODAL RAILWAY, or till such time such Event of Default is rectified by SECIrectif ied byNODAL RAILWAY. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that:grant / (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTUMERC/STU (MSETCL)/NR, and (iii) The delay in operationalization grant of GNA and/or connectivity / LTA and / or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectbyNODAL RAILWAY. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD WPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPDWPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD WPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD WPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD WPD has complied with the complete application formalities as per RfS, (ii) The SPD WPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDWPD; The above shall be treated as delays beyond the control of the SPD WPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPDWPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI MSPDCL Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) MSPDCL, or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to perio permit the SPD or SECI/ Buying Entity(ies) MSPDCL through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)MSPDCL, or till such time such Event of Default is rectified by SECIMSPDCL. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA by the CTU LTA and/or there is a delay in readiness of the ISTS substation evacuation infrastructure at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure procedure in this regard as notified by the CERCJERC/CTUDISCOM, and (iii) The delay in operationalization grant of GNA connectivity/LTA and/or delay in readiness of the ISTS substation evacuation infrastructure at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network, is solely a factor attributable to the CTU/MSPDCL and/or transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article MSPDCL and shall be dealt by SECI binding on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectSPD. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 365 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 (i) In the event that the SPD is prevented from performing its obligations under Article 4.1 Article 3.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Any PSPCL Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) PSPCL, or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to the limit prescribed in Article 3.3 (iii), for a reasonable period but not less than day for day’ day‟ basis, to permit the SPD or SECI/ Buying Entity(ies) PSPCL, through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)PSPCL, or till such time such Event of Default is rectified by SECIrectified. 4.5.2 (ii) Long Term Access (LTA), as applicable, shall be required to be submitted by the Successful Bidder prior to commissioning of the Project. Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU STU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS PSPCL/PSTCL network (at and beyond Delivery Point, disabling transmission and evacuation of power from Project) until SCSD SCoD of the Project, and it is established that: (ia) The SPD has complied with the complete application formalities as per RfS,with PSPCL/PSTCL. (iib) The SPD has adhered to the applicable Procedure in this regard as notified by the CERCPSERC/CTUPSPCL/PSTCL, and (iiic) The delay in operationalization grant of GNA connectivity/LTA by PSPCL/PSTCL, as applicable, and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS PSPCL/PSTCL network, is solely a factor attributable to the CTUPSPCL/transmission licensee PSTCL and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCOD shall be extended for such Projects shall be revised as the date as on 60 up to 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In PSPCL. (iii) Subject to Article 3.3(vii), in case of change extension occurring due to reasons specified in Project location(sArticle (i) by the SPD(a), extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) any of the Projectdates specified therein can be extended, subject to the condition that the Scheduled Commissioning Date would not be extended by more than six (6) Months. 4.5.3 (iv) In case of extension due to reasons specified in Article 4.5.1(b3.3 (i) (b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date 6 months, any of the Force Majeure Notice, termination of this Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.510.5. 4.5.4 (v) As a result of such extension on account of Article 3.3 (i) or Article 3.3 (ii), the Scheduled Commissioning Date and the Expiry Date newly determined shall be deemed to be the Scheduled commissioning Date and the Expiry Date for the purposes of this Agreement. (vi) If the Parties have not agreed, within thirty (30) days after the affected Party’s Party‟s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commissioning Date or the Expiry Date should be deferred, either any Party may raise the Dispute to be resolved in accordance with Article 16Article11. 4.5.5 As (vii) Notwithstanding anything to the contrary contained in this Agreement, any extension of the Scheduled Commissioning Date arising due to any reason envisaged in this Agreement shall not be allowed beyond the date determined pursuant to Article 4.1.10. (viii) The Performance Guarantee would be extended upto a result period of such extension on account of Article 4.5.1 or Article 4.5.2, six (6) months (with a claim period upto seven (7) months) after the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this AgreementScheduled Commissioning Date. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD WPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPDWPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD WPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD WPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization Start Date of GNA Connectivity by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD WPD has complied with the complete application formalities as per RfS, (ii) The SPD WPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization Start Date of GNA Connectivity and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDWPD; The above shall be treated as delays beyond the control of the SPD WPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization Start Date of GNAConnectivity . Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPDWPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, deferred for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of connectivity/GNA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 120 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is moreEffective Date after this Agreement, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this AgreementScheduled Commissioning Date. . 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization Start Date of GNA Connectivity by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization Start Date of GNA Connectivity and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization Start Date of GNAConnectivity. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD RPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commercial Operation Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDRPD, the SCSD Scheduled Commercial Operation Date and the Expiry Date shall be deferred, deferred for a reasonable period but not less than ‘day for day’ basis, to permit the SPD RPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD RPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD RPD has complied with the complete application formalities as per RfS, (ii) The SPD RPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDRPD; The above shall be treated as delays beyond the control of the SPD RPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguityany doubt, it is clarified that this provisions of extension shall not be applicable for decisions made the capacity which has been tied-up by the RPD under this Article“any other source” category. Further, that delay in commissioning / operationalization of the phrase change in Project locationany other sourceor its similar connotationscategory project / capacity, if any, shall refer solely to change not be admissible among the factors warranting an extension in Delivery Point(s) SCD of the Project. In case of project components being located at multiple locations, and if one of such components (wind or solar PV) is ready for injection of power into the grid, but the remaining component is unable to get commissioned due to delay in grant of GNA/GNA operationalization, the RPD will be allowed for commissioning of such component which is ready, and the RPD at its sole discretion, may sell such power to any third party till the grant/operationalization of GNA. Following should be noted under this scenario: (a) Power procurement from such component(s) will be outside the PPA, and at a tariff mutually decided between the third-party buyer and the RPD. In case the same is procured through SECI, trading margin of 7 paise/unit will be applicable on such power procurement. (b) The above scenario does not qualify under the provisions of Part/Early Commissioning under the RfS, PPA and PSA. This is a special scenario wherein in case a project component is ready, the generation from such component is not wasted. (c) The terms “COD” and “commissioning” as per the RfS, PPA and PSA will not be applicable for such component. Commissioning/injection of power from such component will be allowed only if the same is allowed as per the applicable regulations. The above scenario will be applicable until the RPD is ready to commission the Project as per the provisions of “Early and/or Part Commissioning” of the Project. On account of delay in Grid Access operationalization, in case of any extension in SCD beyond 30.06.2025, necessary approval will be granted by MNRE, in line with the OM issued by Ministry of Power vide No. 23/12/2016-R&R dated 30.11.2021, and subsequent amendments/clarifications thereto, read in conjunction with CERC’s orders and regulations notified in this regard. The provisions of PPA and PSA in regard to liability of the Buying Entity to pay the ISTS charges and losses shall stand modified by such exemption/waiver provided as per the above Order/Office Memoranda and regulations issued by CERC, as applicable. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination of this Agreement shall may be caused solely at the discretion of SECI, terminated as per the provisions of Article 13.511.10 of this Agreement. 4.5.4 If the Parties RPD and SECI have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commercial Operation Date or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commercial Operation Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commercial Operation Date and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that:transmission (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article Article 4.1 by the SCSD SCD due to: a) a. any SECI LED’s Event of Default; or b) b. Force Majeure Events affecting SECI/ Buying Entity(ies) LED, or c) c. Force Majeure Events affecting the SPD, the SCSD SCD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) Entity through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)Entity, or till such time such Event of Default is rectified by SECIrectified. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) a. The SPD has complied with the complete application formalities as per RfS, (ii) b. The SPD has adhered to the applicable Procedure in this regard as notified by the JERC/CERC/CTU, and (iii) c. The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee LED and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNAinfrastructure. Decision on requisite extension on account of the above factor shall be taken by LED/SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project/LEDA. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECILED, as per the provisions of Article 13.59. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD SCD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 1614. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD SCD and newly determined Expiry Date shall be deemed to be the SCSD SCD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD SCD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD OWPD is prevented from performing its obligations under Article Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPDOWPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD OWPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD OWPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the Offshore ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD OWPD has complied with the complete application formalities as per RfS, (ii) The SPD OWPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDOWPD; The above shall be treated as delays beyond the control of the SPD OWPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI MSPDCL Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) MSPDCL, or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) MSPDCL through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)MSPDCL, or till such time such Event of Default is rectified by SECIMSPDCL. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/ operationalization of GNA by the CTU LTA and/or there is a delay in readiness of the ISTS substation evacuation infrastructure at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure procedure in this regard as notified by the CERCSERC/CTUDISCOM, and (iii) The delay in operationalization grant of GNA connectivity/LTA and/or delay in readiness of the ISTS substation evacuation infrastructure at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network, is solely a factor attributable to the CTU/MSPDCL and/or transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article MSPDCL and shall be dealt by SECI binding on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectSPD. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 365 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD RPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commercial Operation Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDRPD, the SCSD Scheduled Commercial Operation Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD RPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD RPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD RPD has complied with the complete application formalities as per RfS, (ii) The SPD RPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDRPD; The above shall be treated as delays beyond the control of the SPD RPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguityany doubt, it is clarified that this provisions of extension shall not be applicable for decisions made the capacity which has been tied-up by the RPD under this Articleany other source category. Further, that delay in commissioning / operationalization of the phrase “change in Project location” or its similar connotationsany other source category project / capacity, if any, shall refer solely to change not be admissible among the factors warranting an extension in Delivery Point(s) SCD of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination of this Agreement shall may be caused solely at the discretion of SECI, terminated as per the provisions of Article 13.511.10of this Agreement. 4.5.4 If the Parties RPD and SECI have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commercial Operation Date or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commercial Operation Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commercial Operation Date and the Expiry Date for the purposes of this Agreement. 4.5.6 FurtherNotwithstanding anything to the contrary contained in this Agreement, any delay extension of the Scheduled Commercial Operation Date arising due to any reason envisaged in adoption of tariff by the Appropriate Commission, this Agreement shall not be allowed beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of pursuant to Article 2.1.4 of this Agreement4.6.2. 4.5.7 Delay in commencement commissioning of power supply from the project beyond the SCSD Scheduled Commercial Operation date for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI JDA Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) JDA, or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) JDA through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)JDA, or till such time such Event of Default is rectified by SECIJDA. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA by the CTU LTA and/or there is a delay in readiness of the ISTS substation evacuation infrastructure at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERCSERC/CTUDISCOM, and (iii) The delay in operationalization grant of GNA connectivity/LTA and/or delay in readiness of the ISTS substation evacuation infrastructure at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network, is solely a factor attributable to the CTU/JDA and/or transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article JDA and shall be dealt by SECI binding on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectSPD. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 365 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case Further, any delay in adoption of change in Project location(s) tariff by the SPDAppropriate Commission, extension requests under beyond 120 days after Effective Date of this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotationsAgreement, shall refer solely to change entail a corresponding extension in Delivery Point(s) of the ProjectScheduled Commissioning Date. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD HPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDHPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD HPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD HPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization Start Date of GNA Connectivity by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD HPD has complied with the complete application formalities as per RfS, (ii) The SPD HPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization Start Date of GNA Connectivity and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is a solely attributable to the CTU/transmission licensee and is beyond the control of the SPDHPD; The above shall be treated as delays beyond the control of the SPD HPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization Start Date of GNAConnectivity. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPDHPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate CommissionCommission and Contracted Capacity approval from SERC, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & ArticleArticle 4.5.2 shall be an event of default on part of the HPD and shall be subject to the consequences specified in the Article 4.6.

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD RPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDRPD, the SCSD and the Expiry Date shall be deferred, deferred for a reasonable period but not less than ‘day for day’ basis, to permit the SPD RPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD RPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization Start Date of GNA Connectivity by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD RPD has complied with the complete application formalities as per RfS, (ii) The SPD RPD has adhered to the applicable Procedure procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization Start Date of GNA Connectivity and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDRPD; The above shall be treated as delays beyond the control of the SPD RPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization Start Date of GNAConnectivity. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPDRPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties RPD and SECI have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commencement of Supply Date or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commencement of Supply Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commencement of Supply Date and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate CommissionCommission and/or Contracted Capacity approval from SERC, beyond 60 days of submission of petition for adoption of tariff tariff/ Contracted Capacity approval before the Appropriate Commission Commission/ SERC or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of supply of power supply from the project Project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 4.6.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: (a) delay in adoption of the Tariff by the Appropriate Commission; or (b) a Change in Law; or (c) any SECI UPPCL Event of Default; or b(d) delay in construction of the Internal Power Evacuation Infrastructure, handover of land and obtaining connectivity by SPPD for reasons not attributable to the SPD; or (e) Force Majeure Events affecting SECI/ SPPD/UPPCL/ Buying Entity(ies) Entity, or c(f) Force Majeure Events affecting the SPD, the SCSD and the Expiry Date shall be deferred, for deferred without any penalty on a reasonable period but not less than ‘day for day’ basisbasis for a maximum period of six (6) months, to permit the SPD or SECI/ UPPCL/ Buying Entity(ies) Entity/SPPD through the use of due diligence, to overcome the effects of the Force Majeure Events under 4.6.1 affecting the SPD or SECIUPPCL/Buying Entity(ies)Entity/SPPD, or till such time such Event of Default is rectified by SECIUPPCL/SPPD. 4.5.2 4.6.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA LTA by the CTU STU and/or there is a delay in readiness of the ISTS substation Grid Substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS STU network until SCSD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS,; (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERCUPERC/CTU, STU; and (iii) The delay in operationalization of GNA LTA and/or delay in readiness of the ISTS substation Grid Substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS STU network, is solely attributable to the CTU/STU/ transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and the SCSD and the Expiry Date for such Projects shall be revised as the date as extended, on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNAa ‘day for day’ basis . Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectUPPCL. 4.5.3 4.6.3 In case of extension due to reasons specified in Article 4.5.1(b4.6.1(e) and (cf), and if such Force Majeure Event continues even after a maximum period of nine (9) months Months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECIUPPCL, as per the provisions of Article 13.5. 4.5.4 4.6.4 If the Parties have not agreed, within thirty (30) days Days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 4.6.5 As a result of such extension on account of Article 4.5.1 4.6.1 or Article 4.5.24.6.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 4.6.6 Further, any delay in adoption of tariff by the Appropriate Commission, Commission beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Articlesixty

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI BBMB Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) BBMB, or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) BBMB through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)BBMB, or till such time such Event of Default is rectified by SECIBBMB. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA by the CTU LTA and/or there is a delay in readiness of the ISTS substation LILO connection at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA and/or delay in readiness of the ISTS substation LILO connection at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network, is solely a factor attributable to the CTU/BBMB and/or transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article BBMB and shall be dealt by SECI binding on case-to-case basisSPD. For avoidance of ambiguityFurther, it is clarified presumed that for decisions made under this Articlein terms of Clause 10.4 of the Guidelines, the phrase “change tariff will be adopted by the Appropriate Commission within 60 days of such submission. However, notwithstanding anything contained in Project location” or its similar connotationsthese Guidelines, any delay in adoption of tariff by the Appropriate Commission, beyond 60 (sixty) days, shall refer solely to change entail a corresponding extension in Delivery Point(s) of the ProjectScheduled Commissioning Date. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD HPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a(i) any SECI Buyer Event of Default; or b(ii) Force Majeure Events affecting SECI/ Buying Entity(ies) / Buyer, or c(iii) Force Majeure Events affecting the SPDHPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD HPD or SECI/ Buying Entity(ies) Buyer through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD HPD or SECI/Buying Entity(ies)CESC, or till such time such Event of Default is rectified by SECICESC. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD HPD has complied with the complete application formalities as per RfS, (ii) The SPD HPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDHPD; The above shall be treated as delays beyond the control of the SPD HPD and SCSD for such Projects shall be revised as the date as on 60 (sixty) days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECIthe Buyer. In case of change in Project location(s) by the SPDHPD, extension requests under this Article shall be dealt by SECI the Buyer on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b4.5.1(ii) and (ciii), and if such Force Majeure Event continues even after a maximum period of nine 9 (9nine) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECIthe Buyer, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (303 0( thirty) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 (sixty) days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is moreCommission, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Articleand Article 4.5.2 shall be an event of default on part of the HPD and shall be subject to the consequences specified in the Article 4.6.

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case Further, any delay in adoption of change in Project location(s) tariff by the SPDAppropriate Commission, extension requests under beyond 120 days after Effective Date of this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotationsAgreement, shall refer solely to change entail a corresponding extension in Delivery Point(s) of the ProjectScheduled Commissioning Date. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD HPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDHPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD HPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD HPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 The Entities (HPD and Buying Entity) as indicated in the Detailed Procedure issued subsequently under the GNA Regulations, will be responsible for their respective obligation as notified in the Detailed Procedure irrespective of the provisions of the RfS, PPA, PSA. It is clarified that in case the Detailed Procedure under the GNA regulations are not enforced until the Project commissioning, the HPD and the Buying Entity(ies) shall abide by the current Procedure under applicable CERC regulations. In such a scenario, the responsibility of obtaining LTA will be that of the HPD. In the alternate scenario, no such requirement will be applicable on the HPD. Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD HPD has complied with the complete application formalities as per RfS, (ii) The SPD HPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPDHPD; The above shall be treated as delays beyond the control of the SPD HPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In Further, any delay in adoption of tariff by the Appropriate Commission, beyond 120 days after Effective Date of this Agreement, shall entail a corresponding extension in Scheduled Commissioning Date. Further, in case of change delay in Project location(s) by commissioning on account of reasons solely attributable to the SPDHPD, extension requests resulting in any liquidated damages/penalty levied on the Buying Entity under this Article the GNA Regulations, such damages/penalty shall be dealt by SECI passed on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, to the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectHPD. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD WPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPDWPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD WPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD WPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD WPD has complied with the complete application formalities as per RfS, (ii) The SPD WPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of connectivity/GNA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPDWPD; The above shall be treated as delays beyond the control of the SPD WPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In Further, any delay in adoption of tariff by the Appropriate Commission, beyond 120 days of Effective Date after this Agreement, shall entail a corresponding extension in Scheduled Commissioning Date. On account of delay in Grid Access operationalization, in case of change any extension in SCD beyond 30.06.2025, necessary approval will be granted by MNRE, in line with the OM issued by Ministry of Power vide No. 23/12/2016-R&R dated 30.11.2021, and subsequent amendments/clarifications thereto, read in conjunction with CERC’s orders and regulations notified in this regard. The provisions of PPA and PSA in regard to liability of the Buying Entity to pay the ISTS charges and losses shall stand modified by such exemption/waiver provided as per the above Order/Office Memoranda and regulations issued by CERC, as applicable. Further, in case of delay in Project location(s) commissioning on account of reasons solely attributable to the WPD, resulting in any liquidated damages/penalty levied on the Buying Entity including Transmission charges under the GNA Regulations and/or applicable regulation as notified by the SPDCERC, extension requests under this Article such damages/penalty shall be dealt by SECI passed on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, to the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectWPD. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date months, any of the Force Majeure Notice, termination of this Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. In case neither party terminates the Agreement under this clause, the Agreement shall stand terminated on the expiry of twelve (12) months of the continuation of the Force Majeure event unless the parties mutually agree to extend the Agreement for the further period. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commissioning Date or the Expiry Date should be deferred, either any Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commissioning Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commissioning Date and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI EDA&N Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) EDA&N, or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) EDA&N through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)EDA&N, or till such time such Event of Default is rectified by SECI.EDA&N. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA by the CTU LTA and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTUJERC/DISCOM, and (iii) The delay in operationalization grant of GNA connectivity/LTA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguityEDA&N. Further, it is clarified presumed that for decisions made under this Articlein terms of Clause 10.4 of the Guidelines, the phrase “change tariff will be adopted by the Appropriate Commission within 60 days of such submission. However, notwithstanding anything contained in Project location” or its similar connotationsthese Guidelines, any delay in adoption of tariff by the Appropriate Commission, beyond 60 (sixty) days, shall refer solely to change entail a corresponding extension in Delivery Point(s) of the ProjectScheduled Commissioning Date. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

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Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD shall be extended for such Projects shall be revised as the date as on 60 upto 15 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine three (93) months from the date months, any of the Force Majeure Notice, termination of this Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI NTPC Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) NTPC, or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, deferred for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) NTPC through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)NTPC, or till such time such Event of Default is rectified by SECINTPC. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in of operationalization of GNA General Network Access (GNA) by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Interconnection Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above theabove factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectNTPC. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Articlethe

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 4.5.1. In the event that the SPD is prevented from performing its obligations under Article Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI RUVNL Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) RUVNL, or c) Force Majeure Events affecting the SPD, the SCSD SCD and the Expiry Date shall be deferred, deferred for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) RUVNL through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)RUVNL, or till such time such Event of Default is rectified by SECIRUVNL. 4.5.2 4.5.2. Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS STU substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS STU network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERCRERC/CTUSTU, and (iii) The delay in operationalization grant of GNA connectivity and/or delay in readiness of the ISTS STU substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS STU network, is solely a factor attributable to the CTUSTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNAinfrastructure. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectRUVNL. 4.5.3 4.5.3. In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Synchronization Certificate is required to be submitted prior to commissioning of the Project. Subsequent to grant of connectivityconnectivity & after completion of Project in all aspects, in case there is a delay in operationalization grant of GNA Synchronization/Charging Permission by the CTU and/or STU or there is a delay in readiness of the ISTS STU substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS STU’s network (at & beyond interconnection point, disabling transmission & evacuation of power from Project) until SCSD SCD of the Project, and it is following are established thatby the SPD: (i) The SPD has complied with the complete application formalities as per Clause 7.10, Section III of the RfS, (ii) The SPD has adhered to the applicable Procedure procedure in this regard as notified by the CERCRERC/CTUSTU. Under such condition, and (iii) The the delay in operationalization grant of GNA Synchronization/charging permission and/or delay in readiness of the ISTS STU substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is STU’s network will be considered as factors beyond the control of the SPD; The above shall be treated as delays beyond the reasonable control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days 30th day subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNAinfrastructure. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, to case basis after examining the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Projectissue. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.513. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD HPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPDHPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD HPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD HPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD HPD has complied with the complete application formalities as per RfS, (ii) The SPD HPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPDHPD; The above shall be treated as delays beyond the control of the SPD HPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine three (93) months from the date months, any of the Force Majeure Notice, termination of this Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI MSPDCL Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) MSPDCL, or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) MSPDCL through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)MSPDCL, or till such time such Event of Default is rectified by SECIMSPDCL. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA by the CTU LTA and/or there is a delay in readiness of the ISTS substation evacuation infrastructure at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure procedure in this regard as notified by the CERCJERC/CTUDISCOM, and (iii) The delay in operationalization grant of GNA connectivity/LTA and/or delay in readiness of the ISTS substation evacuation infrastructure at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS transmission network, is solely a factor attributable to the CTU/MSPDCL and/or transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article MSPDCL and shall be dealt by SECI binding on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the ProjectSPD. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 365 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 (i) In the event that the SPD is prevented from performing its obligations under Article 4.1 Article 3.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Any PSPCL Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) PSPCL, or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to the limit prescribed in Article 3.3 (iii), for a reasonable period but not less than day for day’ day‟ basis, to permit the SPD or SECI/ Buying Entity(ies) PSPCL, through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)PSPCL, or till such time such Event of Default is rectified by SECIrectified. 4.5.2 (ii) Long Term Access (LTA), as applicable, shall be required to be submitted by the Successful Bidder prior to commissioning of the Project. Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU STU/CTU/ISTS Licensee and/or there is a delay in readiness of the ISTS substation/ substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network (at and beyond Delivery Point, disabling transmission and evacuation of power from Project) until SCSD SCoD of the Project, and it is established that: (ia) The SPD has complied with the complete application formalities as per RfS,with STU/CTU/ISTS Licensee. (iib) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU/ISTS Licensee or PSERC/STU, and (iiic) The delay in operationalization grant of GNA connectivity/LTA by the PSTCL/CTU/ISTS Licensee and/or delay in readiness of the ISTS substation/ substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network/PSTCL network, is solely a factor attributable to the PSTCL/CTU/transmission licensee ISTS Licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCOD shall be extended for such Projects shall be revised as the date as on 60 up to 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In PSPCL. (iii) Subject to Article 3.3(vii), in case of change extension occurring due to reasons specified in Project location(sArticle (i) by the SPD(a), extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) any of the Projectdates specified therein can be extended, subject to the condition that the Scheduled Commissioning Date would not be extended by more than six (6) Months. 4.5.3 (iv) In case of extension due to reasons specified in Article 4.5.1(b3.3 (i) (b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date 6 months, any of the Force Majeure Notice, termination of this Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.510.5. 4.5.4 (v) As a result of such extension on account of Article 3.3 (i) or Article 3.3 (ii), the Scheduled Commissioning Date and the Expiry Date newly determined shall be deemed to be the Scheduled commissioning Date and the Expiry Date for the purposes of this Agreement. (vi) If the Parties have not agreed, within thirty (30) days after the affected Party’s Party‟s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commissioning Date or the Expiry Date should be deferred, either any Party may raise the Dispute to be resolved in accordance with Article 16Article11. 4.5.5 As (vii) Notwithstanding anything to the contrary contained in this Agreement, any extension of the Scheduled Commissioning Date arising due to any reason envisaged in this Agreement shall not be allowed beyond the date determined pursuant to Article 4.1.10. (viii) The Performance Guarantee would be extended upto a result period of such extension on account of Article 4.5.1 or Article 4.5.2, six (6) months (with a claim period upto seven (7) months) after the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this AgreementScheduled Commissioning Date. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD RPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDRPD, the SCSD and the Expiry Date shall be deferred, deferred for a reasonable period but not less than ‘day for day’ basis, to permit the SPD RPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD RPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that:transmission (i) The SPD RPD has complied with the complete application formalities as per RfS, (ii) The SPD RPD has adhered to the applicable Procedure procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDRPD; The above shall be treated as delays beyond the control of the SPD RPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPDRPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties RPD and SECI have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commencement of Supply Date or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commencement of Supply Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commencement of Supply Date and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of supply of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article Article 4.1 by the SCSD due to: a(i) any SECI Buyer Event of Default; or b(ii) Force Majeure Events affecting SECI/ Buying Entity(ies) / Buyer, or c(iii) Force Majeure Events affecting the SPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) Buyer through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies)CESC, or till such time such Event of Default is rectified by SECICESC. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD for such Projects shall be revised as the date as on 60 (sixty) days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECIthe Buyer. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI the Buyer on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b4.5.1(ii) and (ciii), and if such Force Majeure Event continues even after a maximum period of nine 9 (9nine) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECIthe Buyer, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30( thirty) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 (sixty) days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is moreCommission, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & and Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD RPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDRPD, the SCSD and the Expiry Date shall be deferred, deferred for a reasonable period but not less than ‘day for day’ basis, to permit the SPD RPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD RPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization of GNA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that:transmission (i) The SPD RPD has complied with the complete application formalities as per RfS, (ii) The SPD RPD has adhered to the applicable Procedure procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization of GNA and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDRPD; The above shall be treated as delays beyond the control of the SPD RPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPDRPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties RPD and SECI have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commencement of Supply Date or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commencement of Supply Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commencement of Supply Date and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of supply of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD RPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commercial Operation Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPDRPD, the SCSD Scheduled Commercial Operation Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD RPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD RPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD RPD has complied with the complete application formalities as per RfS, (ii) The SPD RPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPDRPD; The above shall be treated as delays beyond the control of the SPD RPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case Provided that delay in commissioning / operationalization of change in Project location(s) by the SPDThermal Power Project, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotationsif any, shall refer solely to change not be admissible among the factors warranting an extension in Delivery Point(s) SCD of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.511.10. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commercial Operation Date or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commercial Operation Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commercial Operation Date and the Expiry Date for the purposes of this Agreement. 4.5.6 FurtherNotwithstanding anything to the contrary contained in this Agreement, any delay extension of the Scheduled Commercial Operation Date arising due to any reason envisaged in adoption of tariff by the Appropriate Commission, this Agreement shall not be allowed beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of pursuant to Article 2.1.4 of this Agreement4.6.2. 4.5.7 Delay in commencement commissioning of power supply from the project beyond the SCSD Scheduled Commercial Operation date for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD WPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPDWPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD WPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD WPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD WPD has complied with the complete application formalities as per RfS, (ii) The SPD WPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPDWPD; The above shall be treated as delays beyond the control of the SPD WPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case Further, any delay in adoption of change in Project location(s) tariff by the SPDAppropriate Commission, extension requests under beyond 120 days of Effective Date after this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotationsAgreement, shall refer solely to change entail a corresponding extension in Delivery Point(s) of the ProjectScheduled Commissioning Date. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD HPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPDHPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD HPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD HPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD HPD has complied with the complete application formalities as per RfS, (ii) The SPD HPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPDHPD; The above shall be treated as delays beyond the control of the SPD HPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) ), or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization grant of GNA Synchronization/Charging Permission by the CTU STU and/or there is a delay in readiness of the ISTS STU substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS STU network until SCSD SCD of the Project, and it is following are established thatby the SPD: (i) Project including its transmission line till STU’s substation has been completed by SPD and CEIG approval/certificate for the same has also been obtained. (ii) The SPD has adhered to all the applicable Procedures & requirements in regard to Connectivity & Synchronization of the plant as notified by the SERC/STU, and, (iii) The SPD has complied with the complete application formalities for connectivity within the timeline as per RfSprescribed under Clause 7.10 above, and, (iiiv) The SPD has adhered complied with the complete application formalities for Synchronization of the Project at least 15 days prior to SCD. Under such conditions, the applicable Procedure delay in this regard as notified grant of connectivity/Synchronization/charging permission by the CERC/CTU, and (iii) The delay in operationalization of GNA STU and/or delay in readiness of the ISTS STU substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, STU network on a date prior to SCD is solely a factor not attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 days follows: (a) SCD be extended till 15th day subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grantinfrastructure. (b) In case of delay in Synchronization/operationalization charging permission, the SCD be extended till 7th day from the date issue of GNAsuch permission. Decision on requisite eligibility of extension on account of the above factor shall be taken by SECISECI based on supporting documents & evidences available & provided by SPD. In case of change delay in commissioning of Project location(s) by due to reasons beyond the reasonable control of the SPD, extension requests under this Article shall be dealt by SECI may extend the SCD after examining the issue on case-a case- to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguityFurther, it is clarified presumed that for decisions made under this Articlein terms of Clause 10.4 of the Guidelines, the phrase “change tariff will be adopted by the Appropriate Commission within 60 days of such submission. However, notwithstanding anything contained in Project location” or its similar connotationsthese Guidelines, any delay in adoption of tariff by the Appropriate Commission, beyond 60 (sixty) days, shall refer solely to change entail a corresponding extension in Delivery Point(s) of the ProjectScheduled Commissioning Date. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, deferred for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD SCD for such Projects shall be revised as the date as on 60 30 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. In case Further, any delay in adoption of change in Project location(s) tariff by the SPDAppropriate Commission, extension requests under beyond 120 days of Effective Date after this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotationsAgreement, shall refer solely to change entail a corresponding extension in Delivery Point(s) of the ProjectScheduled Commissioning Date. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months 180 days from the date of the Force Majeure Notice, termination any of this the Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD is prevented from performing its obligations under Article 4.1 by the SCSD due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPD, the SCSD and the Expiry Date shall be deferred, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in operationalization Start Date of GNA Connectivity by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD of the Project, and it is established that: (i) The SPD has complied with the complete application formalities as per RfS, (ii) The SPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization Start Date of GNA Connectivity and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely attributable to the CTU/transmission licensee and is beyond the control of the SPD; The above shall be treated as delays beyond the control of the SPD and SCSD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization Start Date of GNAConnectivity. Decision on requisite extension on account of the above factor shall be taken by SECI. In case of change in Project location(s) by the SPD, extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date of the Force Majeure Notice, termination of this Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD or the Expiry Date should be deferred, either Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD and newly determined Expiry Date shall be deemed to be the SCSD and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate CommissionCommission and/or Contracted Capacity approval from SERC, beyond 60 days of submission of petition for adoption of tariff tariff/Contracted Capacity approval before the Appropriate Commission Commission/SERC or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

Extensions of Time. 4.5.1 In the event that the SPD WPD is prevented from performing its obligations under Article 4.1 by the SCSD Scheduled Commissioning Date due to: a) any SECI Event of Default; or b) Force Majeure Events affecting SECI/ Buying Entity(ies) , or c) Force Majeure Events affecting the SPDWPD, the SCSD Scheduled Commissioning Date and the Expiry Date shall be deferred, subject to Article 4.5.6, for a reasonable period but not less than ‘day for day’ basis, to permit the SPD WPD or SECI/ Buying Entity(ies) through the use of due diligence, to overcome the effects of the Force Majeure Events affecting the SPD WPD or SECI/Buying Entity(ies), or till such time such Event of Default is rectified by SECI. 4.5.2 Subsequent to grant of connectivity, in case there is a delay in grant/operationalization of GNA LTA by the CTU and/or there is a delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network until SCSD SCD of the Project, and it is established that: (i) The SPD WPD has complied with the complete application formalities as per RfS, (ii) The SPD WPD has adhered to the applicable Procedure in this regard as notified by the CERC/CTU, and (iii) The delay in operationalization grant of GNA connectivity/LTA by the CTU and/or delay in readiness of the ISTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS network, is solely a factor attributable to the CTU/transmission licensee and is beyond the control of the SPDWPD; The above shall be treated as delays beyond the control of the SPD WPD and SCSD SCD for such Projects shall be revised as the date as on 60 days subsequent to the readiness of the Delivery Point and power evacuation infrastructure and/or grant/operationalization of GNALTA. Decision on requisite extension on account of the above factor shall be taken by SECI. Further, any delay in adoption of tariff by the Appropriate Commission, beyond 120 days of Effective Date after this Agreement, shall entail a corresponding extension in Scheduled Commissioning Date. 4.5.3 In case of change extension due to reasons specified in Project location(sArticle 4.5.1(b) by the SPDand (c), extension requests under this Article shall be dealt by SECI on case-to-case basis. For avoidance of ambiguity, it is clarified that for decisions made under this Article, the phrase “change in Project location” or its similar connotations, shall refer solely to change in Delivery Point(s) of the Project. 4.5.3 and In case of extension due to reasons specified in Article 4.5.1(b) and (c), and if such Force Majeure Event continues even after a maximum period of nine (9) months from the date months, any of the Force Majeure Notice, termination of this Parties may choose to terminate the Agreement shall be caused solely at the discretion of SECI, as per the provisions of Article 13.5. In case neither party terminates the Agreement under this clause, the Agreement shall stand terminated on the expiry of twelve (12) months of the continuation of the Force Majeure event unless the parties mutually agree to extend the Agreement for the further period. 4.5.4 If the Parties have not agreed, within thirty (30) days after the affected Party’s performance has ceased to be affected by the relevant circumstance, on the time period by which the SCSD Scheduled Commissioning Date or the Expiry Date should be deferred, either any Party may raise the Dispute to be resolved in accordance with Article 16. 4.5.5 As a result of such extension on account of Article 4.5.1 or Article 4.5.2, the newly determined SCSD Scheduled Commissioning Date and newly determined Expiry Date shall be deemed to be the SCSD Scheduled Commissioning Date and the Expiry Date for the purposes of this Agreement. 4.5.6 Further, any delay in adoption of tariff by the Appropriate Commission, beyond 60 days of submission of petition for adoption of tariff before the Appropriate Commission or 120 days from the date of signing of PSA, whichever is more, shall entail a corresponding extension in the SCSD, in line with provisions of Article 2.1.4 of this Agreement. 4.5.7 Delay in commencement of power supply from the project beyond the SCSD for reasons other than those specified in Article 4.5.1 & Article

Appears in 1 contract

Samples: Power Purchase Agreement

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