Guaranteed Project Milestones Including Commercial Operations Sample Clauses

Guaranteed Project Milestones Including Commercial Operations. The Parties shall have the rights and obligations set forth in Article 13 (Guaranteed Project Milestones Including Commercial Operations) in the event a condition or event of Force Majeure affects the achievement of a Guaranteed Project Milestone Date, including the Guaranteed Commercial Operations Date.
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Guaranteed Project Milestones Including Commercial Operations. A condition or event of Force Majeure affecting the achievement of a Guaranteed Project Milestone Date, including the Guaranteed Commercial Operations Date, if and for so long as the conditions of Section 21.4 (Satisfaction of Certain Conditions) are satisfied, shall have the following effect: i) Company shall have the right to collect and Seller shall have the obligation to pay Daily Delay Damages as and to the extent set forth in Section 13.4(a) (Daily Delay Damages); (ii) Company shall have the right to terminate this Agreement as and to the extent set forth in Section 13.4(b) (Termination and Termination Damages for Failure to Achieve Guaranteed Project Milestones Date); and (iii) notwithstanding any provision herein to the contrary, upon Company's termination of this Agreement pursuant to Section 13.4(b) (Termination and Termination Damages for Failure to Achieve Guaranteed Project Milestones Date) neither Party shall be liable for any damages (including Termination Damages) nor have any obligations to the other, except as provided in Section 29.24 (Survival of Obligations), other than as provided in Section 29.24(b).
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Guaranteed Project Milestones Including Commercial Operations. The Parties shall have the rights and obligations set forth in Section 3.1 (Guaranteed Project Milestones Including Commercial Operation) of APPENDIX F (Facility Requirements) in the event a condition or event of Force Majeure affects the achievement of a Guaranteed Project Milestone Date, including the Guaranteed Commercial Operations Date.
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Related to Guaranteed Project Milestones Including Commercial Operations

  • Project/Milestones Taxpayer provides refrigerated warehousing and logistic distribution services to clients throughout the United States. In consideration for the Credit, Taxpayer agrees to invest in a new refrigeration and distribution facility in the XxXxxxxxx Park area of Sacramento, California, and hire full-time employees (collectively, the “Project”). Further, Taxpayer agrees to satisfy the milestones as described in Exhibit A (“Milestones”) and must maintain Milestones for a minimum of three (3) taxable years thereafter. In the event Taxpayer employs more than the number of full-time employees, determined on an annual full-time equivalent basis, than required in Exhibit A, for purposes of satisfying the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” Taxpayer may use the salaries of any of the full-time employees hired within the required time period. For purposes of calculating the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” the salary of any full-time employee that is not employed by Taxpayer for the entire taxable year shall be annualized. In addition, the salary of any full-time employee hired to fill a vacated position in which a full-time employee was employed during Taxpayer’s Base Year shall be disregarded.

  • Commercial Operation (i) On or before December 31, 2021, Interconnection Customer must demonstrate commercial operation of all generating units. Demonstrating commercial operation includes achieving Initial Operation in accordance with Section 1.4 of Appendix 2 to this ISA and making commercial sales or use of energy, as well as, if applicable, obtaining capacity qualification in accordance with the requirements of the Reliability Assurance Agreement Among Load Serving Entities in the PJM Region.

  • Post-Commercial Operation Date Testing and Modifications Each Party shall at its own expense perform routine inspection and testing of its facilities and equipment in accordance with Good Utility Practice as may be necessary to ensure the continued interconnection of the Large Generating Facility with the Participating TO’s Transmission System in a safe and reliable manner. Each Party shall have the right, upon advance written notice, to require reasonable additional testing of the other Party’s facilities, at the requesting Party’s expense, as may be in accordance with Good Utility Practice.

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