Common use of Failure to Meet Guaranteed Commercial Operation Deadline Clause in Contracts

Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall constitute an Event of Default by Owner. This Agreement shall terminate automatically at midnight on the Guaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE a Termination Payment calculated in accordance with Section 10.3(a)(i).

Appears in 4 contracts

Samples: Energy Storage Services Agreement, Energy Storage Services Agreement, Energy Storage Services Agreement

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Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall constitute an Event of Default by Owner. This In such event, this Agreement shall terminate automatically at midnight on the Guaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE O&R a Termination Payment calculated in accordance with Section 10.3(a)(i).10.03(a)(i).‌

Appears in 1 contract

Samples: Energy Storage Services Agreement

Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall constitute an Event of Default by Owner. This In such event, this Agreement shall terminate automatically at midnight on the Guaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE CECONY a Termination Payment calculated in accordance with Section 10.3(a)(i10.03(a)(i).

Appears in 1 contract

Samples: Energy Storage Services Agreement

Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall constitute an Event of Default by Owner. This Agreement shall terminate automatically at midnight on the Guaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE RG&E a Termination Payment calculated in accordance with Section 10.3(a)(i10.03(a)(i).

Appears in 1 contract

Samples: Energy Storage Services Agreement

Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall constitute an Event of Default by Owner. This Agreement shall terminate automatically at midnight on the Guaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE NYSEG a Termination Payment calculated in accordance with Section 10.3(a)(i10.03(a)(i).

Appears in 1 contract

Samples: Energy Storage Services Agreement

Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall constitute an Event of Default by Owner. This Agreement shall terminate automatically at midnight on the Guaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE O&R a Termination Payment calculated in accordance with Section 10.3(a)(i).10.03(a)(i).‌

Appears in 1 contract

Samples: Energy Storage Services Agreement

Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall constitute an Event of Default by Owner. This Agreement shall terminate automatically at midnight on the Guaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE RG&E a Termination Payment calculated in accordance with Section 10.3(a)(i).

Appears in 1 contract

Samples: Energy Storage Services Agreement

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Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall constitute an Event of Default by Owner. This Agreement shall terminate automatically at midnight on the Guaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE NYSEG a Termination Payment calculated in accordance with Section 10.3(a)(i).

Appears in 1 contract

Samples: Energy Storage Services Agreement

Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall shall‌ constitute an Event of Default by Owner. This Agreement shall terminate automatically at midnight on the Guaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE CECONY a Termination Payment calculated in accordance with Section 10.3(a)(i10.03(a)(i).

Appears in 1 contract

Samples: Energy Storage Services Agreement

Failure to Meet Guaranteed Commercial Operation Deadline. Failure to achieve Commercial Operation on or before the Guaranteed Commercial Operation Deadline shall constitute an Event of Default by Owner. This Agreement shall terminate automatically at midnight on the Guaranteed theGuaranteed Commercial Operation Deadline if Commercial Operation has not occurred on or before the Guaranteed Commercial Operation Deadline, and Owner shall owe to CHGE RG&E a Termination Payment calculated in accordance with Section 10.3(a)(i).

Appears in 1 contract

Samples: Energy Storage Services Agreement

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