Installation Schedule. (a) Seller shall provide Notice to Purchaser at least fifteen (15) Days prior to commencement of installation of the System. Seller shall coordinate, arrange, and schedule all installation activities with Purchaser’s Representative to minimize interference with operations and activities at the Project Site. (b) Seller shall complete installation of the System within the time provided in the Project Schedule. The Parties agree that time is of the essence in connection with the completion of the System, and that, subject to Section 11.1 (Force Majeure Event), milestones for installation of the System must be achieved in a timely fashion; provided, however, that lateness shall not be considered a material breach unless the non-breaching Party provides written notice of any claimed breach and an opportunity for the breaching Party to cure in accordance with Section 12.1 (Seller Events of Default). Upon becoming aware that Seller will, or is reasonably likely to, fail to achieve one or more required date(s) set forth in the Project Schedule, for any reason including for a Force Majeure Event, Seller shall immediately provide Notice to Purchaser. Such Notice shall describe, in reasonable detail (i) the cause of the delay, (ii) any impact such delay may have on achieving Final Completion, including a revised Project Schedule, if applicable, and (iii) the measures being taken or to be taken by Seller to mitigate such impact. Purchaser may, in its sole discretion, grant extensions to the Project Schedule or waivers for Seller’s failure to meet any of the milestones set forth therein; provided, in no way shall any such extension or waiver constitute a waiver of any future failures by Seller to meet other milestones.
Appears in 4 contracts
Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement Services
Installation Schedule.
(a) Seller shall provide Notice to Purchaser at least fifteen (15) Days prior to commencement of installation of the System. Seller shall coordinate, arrange, and schedule all installation activities with Purchaser’s Representative to minimize interference with operations and activities at the Project Site.
(b) Seller shall complete installation of the System within the time provided in the Project Schedule. The Parties agree that time is of the essence in connection with the completion of the System, and that, subject to Section 11.1 (Force Majeure Event), milestones for installation of the System must be achieved in a timely fashion; provided, however, that lateness shall not be considered a material breach unless the non-breaching Party provides written notice of any claimed breach and an opportunity for the breaching Party to cure in accordance with Section 12.1 (Seller Events of Default). Upon becoming aware that Seller will, or is reasonably likely to, fail to achieve one or more required date(s) set forth in the Project Schedule, for any reason including for a Force Majeure Event, Seller shall immediately provide Notice to Purchaser. Such Notice shall describe, in reasonable detail (i) the cause of the delay, (ii) any impact such delay may have on achieving Final Completion, including a revised Project Schedule, if applicable, and (iii) the measures being taken or to be taken by Seller to mitigate such impact. Purchaser may, in its sole discretion, grant extensions to the Project Schedule or waivers for Seller’s failure to meet any of the milestones set forth therein; provided, in no way shall any such extension or waiver constitute a waiver of any future failures by Seller to meet other milestones.
Appears in 2 contracts
Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement Services
