Common use of Initial Delivery Date Clause in Contracts

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. 70 72 The term of this Agreement shall be a minimum of 5 years when contracting for capacity payments 71 73 and shall begin upon the first date when energy is generated by the Facility and delivered to 72 74 Company and continuing for the term specified in the Rate Schedule paragraph above and shall 73 75 automatically extend thereafter unless terminated by either party by giving not less than thirty (30) 74 76 days prior written notice. Any automatic extension of this Agreement will be at the Variable Rates 75 77 in effect at the time of extension. The term shall begin no earlier than the date Company’s 76 78 Interconnection Facilities are installed and are ready to accept electricity from Seller which is 77 79 requested to be , 20 . Company at its sole discretion may terminate this 78 80 Agreement on , 20 (30 months following the date of the order initially 79 81 approving the rates selection shown above which may be extended beyond 30 months if construction 80 82 is nearly complete and the Seller demonstrates that it is making a good faith effort to complete its 81 83 project in a timely manner1) if Seller is unable to provide generation capacity and energy production 82 84 consistent with the energy production levels specified in Provision No. 1.4 above.

Initial Delivery Date. 70 75 The term of this Agreement shall be a minimum of 5 years when contracting for capacity payments 71 76 and shall begin upon the first date when energy is generated by the Facility and delivered to 72 the 77 Company and continuing for the term specified in the Rate Schedule paragraph above and shall 73 78 automatically extend thereafter unless terminated by either party by giving not less than thirty (30) 74 79 days prior written notice. Any automatic extension of this Agreement will be at the Variable Rates 75 80 in effect at the time of extension. The term shall begin no earlier than the date the Company’s 76 81 Interconnection Facilities are installed and are ready to accept electricity from the Seller which is 77 82 requested to be , 20 . The Company at its sole discretion may terminate this 78 Agreement 83 on , 20 (30 months following the date of the order initially 79 approving the rates 84 selection shown above which may be extended beyond 30 months if construction 80 is nearly complete 85 and the Seller demonstrates that it is making a good faith effort to complete its 81 project in a timely 86 manner1) if the Seller is unable to provide generation capacity and energy production 82 consistent 87 with the energy production levels specified in Provision No. 1.4 above.. This date may be extended 88 by upon mutual agreement by both parties. 89

Initial Delivery Date. 70 74 The term of this Agreement shall be a minimum of 5 years when contracting for capacity payments 71 75 and shall begin upon the first date when energy is generated by the Facility and delivered to 72 the 76 Company and continuing for the term specified in the Rate Schedule paragraph above and shall 73 77 automatically extend thereafter unless terminated by either party by giving not less than thirty (30) 74 78 days prior written notice. Any automatic extension of this Agreement will be at the Variable Rates 75 79 in effect at the time of extension. The term shall begin no earlier than the date the Company’s 76 80 Interconnection Facilities are installed and are ready to accept electricity from the Seller which is 77 81 requested to be , 20 . The Company at its sole discretion may terminate this 78 Agreement 82 on , 20 (30 months following the date of the order initially 79 approving the rates 83 selection shown above which may be extended beyond 30 months if construction 80 is nearly complete 84 and the Seller demonstrates that it is making a good faith effort to complete its 81 project in a timely 85 manner1) if the Seller is unable to provide generation capacity and energy production 82 consistent 86 with the energy production levels specified in Provision No. 1.4 above. This date may be extended 87 by upon mutual agreement by both parties.