Common use of Initial Delivery Date Clause in Contracts

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. The Initial Delivery Date shall occur upon the satisfaction or waiver in writing by Xxxxx Buyer 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 for the lawful operation 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 for Seller to perform its obligations under this Agreement, including Permits related to environmental matters; (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 Delaware PSC as a Solar Photovoltaic Alternative an Eligible Energy SourceResource pursuant to the RPS Act; (f) Seller shall have made all filings and applications required for accreditation of the Facility in GATS and for the registration, origination, origination and transfer of SPAECs Environmental Attributes from the Facility that are eligible for origination, registration, 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 XxxxxBuyer’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 Letter of Credit and, if applicable, a Guaranty or other required Performance Assurance, as required pursuant to Article 1014 [Security]; (j) Seller shall have obtained all rights to provided Buyer a revised version of Exhibit B which includes the Facility Site necessary for performance of its obligations under the Agreement Pnode Identification Number assigned by PJM for the Services TermDelivery Point; (k) PSC Approval shall have occurred and shall have become final and non-appealable; and (l) Seller shall have provided Buyer with written evidence that all of the preceding conditions have been satisfied.

Initial Delivery Date. (a) The Initial Delivery Date shall occur be the date upon which the satisfaction or waiver Department (i) accepts in writing by Xxxxx of that the following conditions precedent: (a) Seller has successfully completed the Facility Commercial Operation Date shall have occurred or will occur simultaneously Nominal Rating Test in accordance 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; procedure set forth in subsection (c) no below, or (ii) fails to reject the results of the Nominal Rating Test within the time specified in subsection (b)(ii) below. (i) The Seller default shall provide the Department within ten (10) Business Days advance written notice of the date the Seller intends to conduct the Nominal Rating Test, and provide representatives of the Department with access to the Facility to monitor and observe the Test. (ii) The Seller shall deliver the results of the Nominal Rating Test to the Department, by facsimile, and the Department shall review the results of the Nominal Rating Test within ten (10) Business Days of the date of delivery thereof and shall notify the Seller, by facsimile, of its approval and acceptance of the results of such Test, which approval the Department shall not unreasonably withhold. (iii) Should the Department accept or Event fail to reject the results of Default the Nominal Rating Test within ten (10) Business Days of the delivery thereof, the results shall be occurring;deemed to have been accepted by the Department from the date of the delivery of the results of the Nominal Rating Test. (div) Seller In the event that the Department rejects the results of the Nominal Rating Test, it shall deliver to the Seller, by facsimile, within such ten (10) day period, a written notice of such rejection stating with particularity all of its reasons for it. (i) A test (“Nominal Rating Test”) 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 performed to demonstrate that the Facility can operate in a reliable sustained manner. In particular, the Nominal Rating Test shall demonstrate that the Facility (x) achieved a net demonstrated capacity of not less than 25,000 kW during a continuous four (4) hour period while burning the type(s) of fuel expected to be consumed by the Facility during the Term; and this Agreement, which agreements (y) was in compliance with all applicable permits. (ii) The Nominal Rating Test shall commence once the Facility has reached stable operation at 25,000 kW. The test shall be in full force and effect or Seller shall have entered into an agreement performed over a minimum continuous period of four (4) hours with a Market Participant that will perform all of Seller’s PJMdata collected at 15-related obligations in connection with minute intervals. During the Facility and this Agreement; (e) Nominal Rating Test, 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 be operated consistently 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 Prudent Electrical Practices and shall be in compliance with such authorization; (i) Seller all applicable permit limits, regulatory and industry codes and standards. The Nominal Rating Test shall be run using all standard plant equipment and control systems in service without the benefit of temporary bypasses or manual controls that would not have delivered a Guaranty or other required Performance Assurance, as required pursuant been used in the day to Article 10; (j) Seller shall have obtained all rights day operation of the Facility. Should the Nominal Rating Test be interrupted for any reason prior 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 end of the preceding conditions have been satisfied4-hour duration, the test shall be restarted.

Initial Delivery Date. (a) The Initial Delivery Date shall occur be the date upon which the satisfaction or waiver Department (i) accepts in writing by Xxxxx that the Seller has successfully completed the Nominal Rating Test in accordance with the procedure set forth in subsection (c) below, or (ii) has failed to reject the results of the following conditions precedent:Nominal Rating Test within the time specified in subsection (b)(ii) below. (ai) The Seller shall provide the Department ten (10) Business Days advance written notice of the date the Seller intends to conduct the Nominal Rating Test, and provide to representatives of the Department access to the Facility Commercial Operation Date to monitor and observe the Nominal Rating Test. (ii) The Seller shall deliver the results of the Nominal Rating Test to the Department, by hard copy, facsimile, or other mutually agreed upon method, and the Department shall review the results of the Nominal Rating Test within ten (10) Business Days of the date of delivery thereof and shall notify the Seller, in writing, of its approval (or disapproval) and acceptance (or non-acceptance) of the results of such Nominal Rating Test, which approval the Department shall not unreasonably withhold. (iii) Should the Department fail to reject the results of the Nominal Rating Test within ten (10) Business Days of the delivery thereof, the results shall be deemed to have occurred or will occur simultaneously with been accepted by the Department and the Initial Delivery Date;Date shall be 10 business days after the delivery of the Test Report to the Department. (biv) Seller In the event that the Department rejects the results of the Nominal Rating Test, it shall have obtained deliver to the Seller, by facsimile, within such ten (and demonstrated possession of10) day period, a written notice of such rejection stating with particularity all Permits required of its reasons for it. (i) A test (“Nominal Rating Test”) shall be performed to commence delivery of Energy from demonstrate that the Facility can operate in a reliable sustained manner. In particular, the Nominal Rating Test shall demonstrate that the Facility (x) achieved a net demonstrated capacity of not less than 25,000 kW as measured at the electric revenue meter located on the high voltage side of the Facility switchyard transformer during a continuous four (4) hour period powered only by geothermal energy; 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;(y) was in compliance with all applicable permits. (cii) no Seller default or Event The Nominal Rating Test shall commence once the Facility has reached stable operation of Default at least 25,000 kW. The test shall be occurring; performed over a minimum continuous period of four (d4) Seller hours with data collected at 15-minute intervals. The Nominal Rating shall be a PJM Member and shall have entered into all required PJM Agreements required for the performance average of Seller’s obligations in connection with the Facility and this Agreement15 minute readings over the 4 hour test period. During the Nominal Rating Test, 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 be operated consistently 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 Prudent Electrical Practices and shall be in compliance with such authorization;all applicable permit limits, regulatory and industry codes and standards. The Nominal Rating Test shall be run using all standard plant equipment and control systems in service without the benefit of temporary bypasses or manual controls that would not have been used in the day to day operation of the Facility. Should the Nominal Rating Test be interrupted for any reason prior to the end of the 4-hour duration, the test shall be restarted. (id) Seller shall have delivered a Guaranty or other required Performance Assuranceshall, at all times, use diligent commercial efforts to complete both the California Facility and the Nevada Facility and to achieve the Initial Delivery Date for either the California Facility and/or the Nevada Facility as required pursuant to Article 10; (j) soon as reasonably possible. If Seller shall have obtained all rights to achieve the Facility Site necessary for performance Initial Delivery Date with the Nevada Facility, the purchase and sale provisions of its obligations under the Agreement for the Services Term; (k) Section 2.01 shall immediately take effect, provided that Seller shall have provided Buyer with written evidence continue to use diligent commercial efforts to complete the California Facility and begin commercial operations. Seller represents that all of it believes in good-faith that the preceding conditions have been satisfied.Nevada Facility should be completed within 22-