Common use of Initial Construction Report Clause in Contracts

Initial Construction Report. No later than thirty (30) days after the approval of this Facility Lease by the PSCW, Lessor shall submit to Lessee, with a copy to the PSCW, a written list of approved Inspection Engineers and within ten (10) days of receipt of the list, Lessee shall select one (1) of the Inspection Engineers from Lessor's list and give written notice thereof to Lessor and the PSCW. The PSCW shall either approve the Inspection Engineer selected by Lessee or choose a different Inspection Engineer from Lessor's list. The Inspection Engineer selected in accordance with this Section 5.1 of Schedule 3.1(a) (the "Independent Evaluator") shall review and inspect the Project during the Construction Term. Lessor shall make all plans and contracts related to the construction of the Project as well as the Port Washington Site, available to be reviewed or inspected by the Independent Evaluator, at Lessee's sole cost, at any time during the Construction Term. No later than ninety (90) days after PSCW approval or appointment, the Independent Evaluator shall deliver a written report (the "Initial Construction Report") to Lessor and Lessee, with a copy to the PSCW, in which the Independent Evaluator shall opine as to whether the Project's plans, contracts (including any warranties but excluding the purchase contracts for the Unit 1 turbines) and Project work at the Port Washington Site are consistent with Good Utility Practice, are commercially reasonable and are likely to produce the Leased Facility described in Exhibit A with Aggregate Construction Costs equal to or less than the Approved Amount. The Independent Evaluator shall also report any adjustments which need to be made in order for the Project to be completed consistent with the CPCN Approval, Good Utility Practice and commercial reasonableness and with Aggregate Construction Costs equal to or less than the Approved Amount. Lessor may file a response to the Initial Construction Report with the PSCW.

Initial Construction Report. No later than thirty (30) days after the approval of this Facility Lease by the PSCW, Lessor shall submit to Lessee, with a copy to the PSCW, a written list of approved Inspection Engineers and within ten (10) days of receipt of the list, Lessee shall select one (1) of the Inspection Engineers from Lessor's list and give written notice thereof to Lessor and the PSCW. The PSCW shall either approve the Inspection Engineer selected by Lessee or choose a different Inspection Engineer from Lessor's list. The Inspection Engineer selected in accordance with this Section 5.1 of Schedule 3.1(a) (the "Independent Evaluator") shall review and inspect the Project during the Construction Term. Lessor shall make all plans and contracts related to the construction of the Project as well as the Port Washington Site, available to be reviewed or inspected by the Independent Evaluator, at Lessee's sole cost, at any time during the Construction Term. No later than ninety (90) days after PSCW approval or appointment, the Independent Evaluator shall deliver a written report (the "Initial Construction Report") to Lessor and Lessee, with a copy to the PSCW, in which the Independent Evaluator shall opine as to whether the Project's plans, contracts (including any warranties but excluding the purchase contracts for the Unit 1 2 turbines) and Project work at the Port Washington Site are consistent with Good Utility Practice, are commercially reasonable and are likely to produce the Leased Facility described in Exhibit A with Aggregate Construction Costs equal to or less than the Approved Amount. The Independent Evaluator shall also report any adjustments which need to be made in order for the Project to be completed consistent with the CPCN Approval, Good Utility Practice and commercial reasonableness and with Aggregate Construction Costs equal to or less than the Approved Amount. Lessor may file a response to the Initial Construction Report with the PSCW.

Initial Construction Report. No later than thirty (30) days after the approval of this Facility Lease by the PSCW, Lessor shall submit to Lessee, with a copy to the PSCW, a written list of approved Inspection Engineers and within ten (10) days of receipt of the list, Lessee shall select one (1) of the Inspection Engineers from Lessor's ’s list and give written notice thereof to Lessor and the PSCW. The PSCW shall either approve the Inspection Engineer TO THE FACILITY LEASE selected by Lessee or choose a different Inspection Engineer from Lessor's ’s list. The Inspection Engineer selected in accordance with this Section 5.1 of Schedule 3.1(a) (the "“Independent Evaluator"”) shall review and inspect the Project during the Construction Term. Lessor shall make all plans and contracts related to the construction of the Project as well as the Port Washington Elm Road Site, available to be reviewed or inspected by the Independent Evaluator, at Lessee's ’s sole cost, at any time during the Construction Term. No later than ninety (90) days after PSCW approval or appointment, the Independent Evaluator shall deliver a written report (the "“Initial Construction Report"”) to Lessor and Lessee, with a copy to the PSCW, in which the Independent Evaluator shall opine as to whether the Project's ’s plans, contracts (including any warranties but excluding the purchase contracts for Earth Work Contract, the Unit 1 turbinesBoiler, Steam Turbine Generator, Boiler Feed Pump Drives, Air Quality Control Systems(including baghouse, wet flue gas desulfurization system. wet electrostatic precipitator, mercury control and associated ductwork)) and Project work at the Port Washington Elm Road Site are consistent with Good Utility Practice, are commercially reasonable and are likely to produce the Leased Xxxx 0 Facility described in Exhibit A with Aggregate Construction Costs equal to or less than the Approved Amount. The Independent Evaluator shall also report any adjustments which need to be made in order for the Project to be completed consistent with the CPCN Approval, Good Utility Practice and commercial reasonableness and with Aggregate Construction Costs equal to or less than the Approved Amount. Lessor may file a response to the Initial Construction Report with the PSCW.

Initial Construction Report. No later than thirty (30) days after the approval of this Facility Lease by the PSCW, Lessor shall submit to Lessee, with a copy to the PSCW, a written list of approved Inspection Engineers and within ten (10) days of receipt of the list, Lessee shall select one (1) of the Inspection Engineers from Lessor's ’s list and give written notice thereof to Lessor and the PSCW. The PSCW shall either approve the Inspection Engineer selected by Lessee or choose a different Inspection Engineer from Lessor's ’s list. The Inspection Engineer selected in accordance with this Section 5.1 of Schedule 3.1(a) (the "“Independent Evaluator"”) shall review and inspect the Project during the Construction Term. Lessor shall make all plans and contracts related to the construction of the Project as well as the Port Washington Elm Road Site, available to be reviewed or inspected by the Independent Evaluator, at Lessee's ’s sole cost, at any time during the Construction Term. No later than ninety (90) days after PSCW approval or SCHEDULE 3.1(a) TO THE FACILITY LEASE appointment, the Independent Evaluator shall deliver a written report (the "“Initial Construction Report"”) to Lessor and Lessee, with a copy to the PSCW, in which the Independent Evaluator shall opine as to whether the Project's ’s plans, contracts (including any warranties but excluding the purchase contracts for Earth Work Contract, the Unit 1 turbinesBoiler, Steam Turbine Generator, Boiler Feed Pump Drives, Air Quality Control Systems(including baghouse, wet flue gas desulfurization system. wet electrostatic precipitator, mercury control and associated ductwork)) and Project work at the Port Washington Elm Road Site are consistent with Good Utility Practice, are commercially reasonable and are likely to produce the Leased Facility Unit 2 described in Exhibit A with Aggregate Construction Costs equal to or less than the Approved Amount. The Independent Evaluator shall also report any adjustments which need to be made in order for the Project to be completed consistent with the CPCN Approval, Good Utility Practice and commercial reasonableness and with Aggregate Construction Costs equal to or less than the Approved Amount. Lessor may file a response to the Initial Construction Report with the PSCW.