Common use of Failure to Achieve Commercial Operation Clause in Contracts

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 the Small Generating Facility fails to achieve commercial operation, but it or another generating facility 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 facilityGenerating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.