Common use of Failure to Achieve Milestones Clause in Contracts

Failure to Achieve Milestones. (a) Without limiting Section 3.7, Section 3.8 or Section 15.2, if Seller does not, or Buyer in the exercise of its good faith judgment reasonably expects that Seller will not, achieve any Milestone by the corresponding Outside Date, then Buyer shall have the right, at any time thereafter until such Milestone is achieved, to require Seller to implement actions (including acceleration of the work being performed to achieve such Milestone, for example, by using additional shifts, overtime, additional crews or re-sequencing of such work, as applicable) to mitigate or remediate such schedule-related shortfall so as to cause the applicable Milestones to occur as soon as possible (and, if possible, by the corresponding Outside Date). Within ten

Appears in 20 contracts

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

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