Common use of Facility Unit Completion Milestones and Scheduled Completion Date Clause in Contracts

Facility Unit Completion Milestones and Scheduled Completion Date. [●] [The Seller must include in this schedule, for information purposes only, for each Facility Unit a level 1 project schedule Xxxxx chart at monthly resolution to show key activities, events, dependencies and milestones from early Project development through to Scheduled COD. The Xxxxx chart shall show anticipated timescale for unit completion of the connection works; and timeframes for activities such as equipment delivery lead times, securing permits and construction timescales Scheduled COD for each Facility Unit: [●] [Date [●] CC copy: [●] Attention: [●] [on the letterhead of the Seller] Dear Sirs We refer to the power purchase agreement dated [●], (the "PPA") between City of Ekurhuleni (the "Buyer") and ourselves, [●] (the "Seller"). This notice ("Notice") is the Notice of Commencement of Facility Unit referred to in the PPA. Unless otherwise defined herein, capitalized terms used in this Notice shall have the meanings assigned to them in the PPA. We hereby give notice that the Facility Unit has been successfully connected to the System as required in terms of the Connection Agreement and the Early Operation Date shall be [insert date] and the Commercial Operation Date shall be [insert date]. The Early Operation Capacity of the Facility Unit [●], as measured at the Delivery Point, is [●] MW. The Commercial Capacity of the Facility Unit [●], as measured at the Delivery Point, is [●] MW. We hereby represent and warrant that: 1. We have obtained all of the Consents required for the Operation and Maintenance of the Facility Unit, all of which remain in full force and effect, and we know of no reason why any such Consent may be withdrawn or terminated. 2. All agreements required for the Construction, Operation and Maintenance of the Facility Unit and the performance by the Seller of its obligations under the PPA, including the Connection Agreement, have been entered into, are in full force and effect and remain valid and binding. 3. The Facility Unit Metering Installation has been procured, installed, tested and successfully commissioned in accordance with the PPA. 4. None of the events entitling the Buyer to terminate the PPA in accordance with clause 18 (Termination) have occurred and are continuing. 5. NERSA [or [●], being the person nominated by NERSA for such purpose] has issued to the Seller a notification of the Facility Unit’s compliance with the Codes, and such notification is attached hereto. 6. the Buyer has provided written confirmation to the Seller certifying that the Facility Unit may be connected to the System for purposes of delivering Early Operating and Commercial Energy, and such confirmation is attached hereto.

Appears in 6 contracts

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

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