Failure to Achieve Commercial Operation. If the Large Generating Facility fails to achieve Commercial Operation, but it or another generating facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facility, if different, is responsible for identifying and demonstrating to the Participating TO the appropriate entity to which reimbursement must be made in order to implement the intent of this reimbursement obligation.
Failure to Achieve Commercial Operation. If the Small Generating Facility fails to achieve commercial operation, but it or another generating facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facility, if different, is responsible for identifying the entity to which reimbursement must be made.
Failure to Achieve Commercial Operation. If Seller fails to achieve Commercial Operation of the Facility by the Guaranteed Commercial Operation Date, PacifiCorp shall have the right to enter the Facility and do all such things as PacifiCorp may consider necessary or desirable to complete the Facility and cause Commercial Operation to occur. PacifiCorp shall, following the Commercial Operation Date (a) return the Facility to Seller upon execution of an indemnity and release by Seller of all claims arising out of the period of PacifiCorp’s entry on the Facility in a form reasonably acceptable to PacifiCorp or (b) failing the execution of such release or indemnity, operate the Facility for the Term pursuant to Section
Failure to Achieve Commercial Operation. If Seller fails to achieve Commercial Operation of the Facility by the Guaranteed Commercial Operation Date, PacifiCorp shall have the right to enter the Facility and do all such things as PacifiCorp may consider necessary or desirable to complete the Facility and cause Commercial Operation to occur. PacifiCorp shall, following the Commercial Operation Date (a) return the Facility to Seller upon execution of an indemnity and release by Seller of all claims arising out of the period of PacifiCorp’s entry on the Facility in a form reasonably acceptable to PacifiCorp or (b) failing the execution of such release or indemnity, operate the Facility for the Term pursuant to Section 11.9.2. PacifiCorp shall likewise return the Facility to Seller upon a showing by Seller that it is immediately ready, willing and able to achieve Commercial Operation of the Facility within a commercially and technically reasonable period of time.
Failure to Achieve Commercial Operation. In the event GEC fails to achieve Commercial Operation on or before the Guaranteed Completion Date, except for cases of Force Majeure, Owner may invoice GEC in arrears on a monthly basis for the applicable Schedule Liquidated Damages associated with the applicable phase as set forth in Exhibit C-3.
Failure to Achieve Commercial Operation. If Seller fails to achieve Commercial Operation of the Facility by the Guaranteed Commercial Operation Date, PacifiCorp shall have the right to enter the Facility and do all such things as PacifiCorp may consider necessary or desirable to complete the Facility and cause Commercial Operation to occur. PacifiCorp shall, following the Commercial Operation Date (a) return the Facility to Seller upon execution of an indemnity and release by Seller of all claims arising out of the period of PacifiCorp’s entry on the Facility in a form reasonably acceptable to the Parties or (b) failing the execution of such release or indemnity, (i) operate the Facility for the Term pursuant to Section 8.4.2 or (ii) terminate this Agreement without payment of any damages. Seller shall indemnify and hold PacifiCorp harmless from and against all losses, costs, charges and expenses incurred by PacifiCorp in connection with exercise of its rights under this Section 8.4.1, whether to third parties or otherwise, other than due to the gross negligence or willful misconduct of PacifiCorp.
Failure to Achieve Commercial Operation. In the event Contractor fails to achieve Commercial Operation on or before the Guaranteed Completion Date, except GEC/ICC/EPC 49 Confidential Business Information for cases of Force Majeure, GEC may invoice Contractor in arrears on a monthly basis for the applicable Schedule Liquidated Damages associated with the applicable phase as set forth in Exhibit C-3.
Failure to Achieve Commercial Operation. (i) Seller shall cause the Project to achieve the Commercial Operation Date by the Guaranteed Commercial Operation Date, as may be extended by an FM Extension. If the Commercial Operation Date occurs after the Guaranteed Commercial Operation Date (as may be extended by an FM Extension), then Buyer shall be entitled to draw upon the Project Development Security as liquidated damages for Seller's failure to achieve Commercial Operation by the Guaranteed Commercial Operation Date. The Parties agree that Buyer’s receipt of the full amount of the Project Development Security shall be Buyer's sole remedy for Seller’s failure to achieve Commercial Operation by the Guaranteed Commercial Operation Date under the Agreement; provided that Buyer shall not be limited from exercising any other remedy provided under the Agreement for any other Event of Default by Seller under the Agreement.
(ii) Each Party agrees and acknowledges that (A) the damages that Buyer would incur due to Seller’s delay in achieving the Commercial Operation Date beyond the Guaranteed Commercial Operation Date would be difficult or impossible to predict with certainty, and (B) the damages in the amount of the Project Development Security are an appropriate approximation of such damages. Nothing in this Special Provision 5.2(d) shall limit Buyer’s right to a Termination Payment or any further amounts as damages or otherwise as provided for in Article 5 of the EEI Master Agreement or this Confirmation for any other Seller Event of Default.
Failure to Achieve Commercial Operation. (a) If the Project fails to achieve Commercial Operation by the Outside Date due to an Excused Delay (other than a Force Majeure Event, which case shall be governed by Section 17.5), Seller shall have the right to terminate this Agreement by Notice. In the event of a termination pursuant to this Section 4.12(a), neither Party shall have any further obligation to the other Party other than amounts owed by Seller pursuant to Section 4.11, provided that such termination shall not discharge or relieve either Party from any obligation that has accrued prior to such termination, any reimbursement obligations under Sections 4.16 or 6.6, any indemnity obligations under ARTICLE 14, or the provisions of ARTICLE 15, all of which shall survive any termination of this Agreement.
(b) If the Project fails to achieve Commercial Operation by the Outside Date for reasons other than an Excused Delay, Buyer shall have the right to terminate this Agreement by Notice. In the event of a termination pursuant to this Section 4.12(b), Buyer’s sole and exclusive remedy for such termination shall be receipt of the amount of Daily Delay Damages Seller is obligated to pay hereunder up to and at the date of such termination, provided that such termination shall not discharge or relieve either Party from any obligation that has accrued prior to such termination, any reimbursement obligations under Sections 4.16 or 6.6, any indemnity obligations under ARTICLE 14, or the provisions of ARTICLE 15, all of which shall survive any termination of this Agreement.
Failure to Achieve Commercial Operation. Notwithstanding the foregoing, Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Distribution Provider or Affected System Operator will continue to provide payments to Interconnection Customer on a dollar-for-dollar basis for the non- usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve Commercial Operationcommercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, the Participating TODistribution Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facilityGenerating Facility, if different, is responsible for identifying and demonstrating to the Participating TO the appropriatethe entity to which reimbursement must be made in order to implement the intent of this reimbursement obligation. .
