Initial Delivery Date. The Initial Delivery Date shall occur upon the satisfaction or waiver in writing by Xxxxx of the following conditions precedent:
(a) the Facility Commercial Operation Date shall have occurred or will occur simultaneously with the Initial Delivery Date;
(b) Seller shall have obtained (and demonstrated possession of) all Permits required to commence delivery of Energy from the Facility and satisfy the conditions of Facility Commercial Operation, other than those that would not have a material adverse effect on Seller’s ability to perform its obligations under this Agreement;
(c) no Seller default or Event of Default shall be occurring;
(d) Seller shall be a PJM Member and shall have entered into all required PJM Agreements required for the performance of Seller’s obligations in connection with the Facility and this Agreement, which agreements shall be in full force and effect or Seller shall have entered into an agreement with a Market Participant that will perform all of Seller’s PJM-related obligations in connection with the Facility and this Agreement;
(e) the Facility shall have been qualified and certified by the Commission as a Solar Photovoltaic Alternative Energy Source;
(f) Seller shall have made all filings and applications required for accreditation of the Facility in GATS and for the registration, origination, and transfer of SPAECs from the Facility that are eligible for origination, registration, and transfer under GATS;
(g) Seller shall have entered into all agreements and made all filings and other arrangements necessary for the transmission and delivery of the Energy associated with Xxxxx’s Percentage of the Facility from the Facility to the Delivery Point;
(h) Seller shall have obtained all necessary authorizations from FERC to sell Energy at market-based rates as contemplated by this Agreement and shall be in compliance with such authorization;
(i) Seller shall have delivered a Guaranty or other required Performance Assurance, as required pursuant to Article 10;
(j) Seller shall have obtained all rights to the Facility Site necessary for performance of its obligations under the Agreement for the Services Term;
(k) Seller shall have provided Buyer with written evidence that all of the preceding conditions have been satisfied.
Initial Delivery Date. 70 The term of this Agreement shall be a minimum of 5 years when contracting for capacity payments 71 and shall begin upon the first date when energy is generated by the Facility and delivered to 72 Company and continuing for the term specified in the Rate Schedule paragraph above and shall 73 automatically extend thereafter unless terminated by either party by giving not less than thirty (30) 74 days prior written notice. Any automatic extension of this Agreement will be at the Variable Rates 75 in effect at the time of extension. The term shall begin no earlier than the date Company’s 76 Interconnection Facilities are installed and are ready to accept electricity from Seller which is 77 requested to be , 20 . Company at its sole discretion may terminate this 78 Agreement on , 20 (30 months following the date of the order initially 79 approving the rates selection shown above which may be extended beyond 30 months if construction 80 is nearly complete and the Seller demonstrates that it is making a good faith effort to complete its 81 project in a timely manner1) if Seller is unable to provide generation capacity and energy production 82 consistent with the energy production levels specified in Provision No. 1.4 above.
Initial Delivery Date. The Initial Delivery Date is the day that all of the conditions listed in this Section 2.06 and in Section 2.06 of Attachment 1 have been satisfied for the Project:
(a) Seller has placed in operation all equipment and systems required under Section 5.02;
(b) Seller has provided at least three (3) Business Days’ Notice to SCE that it will achieve the Initial Delivery Date;
(c) Seller has deposited with SCE the applicable Performance Assurance amounts as set forth in Section 7.02(a); and
(d) Seller has executed and delivered to SCE all documents or instruments required under or requested pursuant to Article 7.
Initial Delivery Date. 3.1 The Initial Delivery Date shall be the first date upon which energy is generated by the Facility and delivered to the Company, and such energy is metered by the Company. The Initial Delivery Date under this Agreement is the day of , 20
3.2 Subject to the provisions of Paragraph 3.4 hereof, if the Initial Delivery Date does not occur within thirty (30) months fiom the date of execution of this Agreement, then the Company may at any time thereafter terminate this Agreement immediately upon written notice to Supplier.
3.3 The initial delivery of electric power is dependent upon the Company securing fiom the manufacturers all necessary apparatus, equipment and material for the delivery of said power, and the Company shall not be required to receive said power until it shall have secured and installed such equipment, apparatus and material.
3.4 If either Party shall be delayed or prevented from delivering or receiving electric power on the Initial Delivery Date by reason of an event or condition of force majeure as defined in Paragraph 7 hereof, then the Initial Delivery Date and the beginning of Supplier's obligation to pay Interconnection Facilities Charges pursuant to Paragraph 5.3 hereof shall be extended for a period proportionate to such delay or prevention.
Initial Delivery Date. Subject to the terms of this Agreement, the Multitrade Services to be provided by Multitrade under the terms of this Agreement shall commence on the Initial Delivery Date and shall run continuously from such date during the Term, unless this Agreement shall have been terminated at an earlier date pursuant to the terms hereof.
Initial Delivery Date. 3.1 The Initial Delivery Date shall be the first date after title to the Facility is transferred from Duke to Northbrook and upon which: (i) energy is generated by Northbrook at the Facility and delivered to Duke; and (ii) such energy is metered by Duke. The Initial Delivery Date hereunder is
8 3.2 Subject to the provisions of Article 3.3 and 3.4 hereof, if the Initial Delivery Date 9 does not occur within thirty (30) months from the date of execution of this Agreement, then Duke 10 may at any time thereafter terminate this Agreement immediately upon written notice to 11 Northbrook. 12 13 3.3 The Initial Delivery Date is dependent upon Duke securing from the manufacturers 14 all necessary apparatus, equipment and material for the delivery of said power pursuant to this 15 Agreement, and Duke shall not be required to receive said power until it shall have secured and 16 installed such equipment, apparatus and material. 17
Initial Delivery Date. Licensor will give Distributor a Notice of Initial Delivery under Paragraph i) of the Standard Terms that Licensor is prepared to make Initial Delivery no later than: Promptly after picture is ready.
Initial Delivery Date. With respect to each Initial Delivery Date, the obligations of the Offering Agent shall be conditioned upon:
Initial Delivery Date. Subject to Section 14.4, Seller shall achieve the Initial Delivery Date no later than the Guaranteed Initial Delivery Date. Seller shall provide Buyer with notice of (i) the expected occurrence of the Initial Delivery Date no later than thirty (30) days prior thereto; and (ii) the actual Initial Delivery Date no later than five (5) Business Days prior thereto.
Initial Delivery Date. (a) After the Mechanical Completion Date but prior to the Final Completion Date, when the Facility is capable of producing Product meeting the Specifications, Supplier shall notify Purchaser and designate the date of anticipated shipment of the first quantities of Product to Purchaser (the "Initial Delivery Date").
(b) Should the Mechanical Completion Date not have occurred within the period of 12 months after the date of Financial Closing (as such period may be extended in accordance with Section 2.3), Purchaser may terminate this Agreement by notice to Supplier of intent to terminate given not less than 30 days prior to the effective date of termination; provided, however, that:
i. Supplier shall have the right to extend the deadline for Mechanical Completion Date on one or more successive occasions for up to six additional months in the aggregate, by notice to Purchaser given on or prior to the initial deadline for Mechanical Completion Date or any subsequent deadline then in effect, which notice shall state that Supplier, and Supplier's contractor are diligently and in good faith working to complete the construction of the Facility to the point when the Mechanical Completion Date will be deemed to have occurred; and,
ii. Termination shall not be effective if the Mechanical Completion Date occurs on or before the date termination otherwise would become effective pursuant to the notice given by Purchaser.
