Installation Work. (a) The Permittee shall perform, at its sole cost and expense, all installation work required to prepare each Port Authority Facility where the Permittee is to conduct System Operations for the Permittee’s operations, including installing all transmitters, receivers, cables and other equipment and the construction of all associated improvements appurtenant to the operation of the System, provided however that the Permittee shall have no obligations with respect to the installation of proprietary base station equipment for the exclusive use of individual Carrier Users, as provided in the Carrier Agreement (the work described in this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Work”). (i) The Permittee shall be responsible at its sole expense for retaining all architectural, engineering and other technical consultants and services as may be directed by the Port Authority and for developing, completing and submitting procedures for the installation of all equipment and the construction of all improvements appurtenant to the operation of the System. Prior to retaining any architect, professional engineer or other technical consultant in connection with the Initial System Construction Work the name or names of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approval. The Port Authority shall have the right to disapprove any architect, professional engineer or other technical consultant who may be unacceptable to it. The Port Authority shall approve in advance the Permittee’s contract with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention by the Permittee of Xxxxxx Corporation, RCC Consultants, LGC Wireless and Xxxxx Telecom. (ii) (1) Prior to the commencement of any Initial System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority for its approval a Tenant Alteration Application (hereinafter, “Construction Application”), in the form supplied by the Port Authority, and containing such terms and conditions as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes to perform at such Port Authority Facility and the manner of and time periods for performing such work. The data to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work and shall describe in detail the improvements, fixtures, equipment, and systems to be installed by the Permittee. The plans and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible for the administration of the Initial System Construction Work in accordance with the Port Authority’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, the Permittee may submit one or more separate Construction Applications comprising only a portion of the Initial System Construction Work at such Port Authority Facility. All Construction Applications shall be submitted in compliance with the requirements set forth above in this paragraph. Any Construction Application that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection with the review by the Port Authority of the Permittee’s submissions under this Section, the Permittee shall submit to the Port Authority, at the Port Authority’s request, such additional data, detail or information as the Port Authority may require for such review. Following the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage any contractor or permit the use of any subcontractor unless and until each such contractor or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of this Agreement and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged Xxxxxx Corporation and LGC Wireless Inc. as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed).
Appears in 2 contracts
Samples: Telecommunications Network Access Agreement (Boingo Wireless Inc), Telecommunications Network Access Agreement (Boingo Wireless Inc)
Installation Work. (a) Subject to the terms and conditions of this Letter Agreement, Producer shall construct and install the On-Pad Facilities at the Pad Location at its sole cost and expense. The Permittee On-Pad Facilities shall performinclude ultrasonic measurement equipment, and Producer shall construct and install the On-Pad Facilities in accordance with the construction and design specifications provided by Gatherer (“Installation Work”), provided, that in any event Producer the performance standard set forth in Section 3.1 of the Gathering Agreement shall apply to Producer’s performance of the Installation Work, mutatis mutandis. Producer agrees that the Pad Location shall provide reasonably sufficient space for the On-Pad Facilities, be level, stabilized and in a condition that will allow reasonably free access and movement to and from the Pad Location and otherwise in compliance with the specifications set forth on Exhibit A.
(b) Producer agrees to use commercially reasonable efforts to complete the Installation Work on or before the later of [***] or the date that is [***] weeks after the date of this Letter Agreement; provided, however, Gatherer shall have the right promptly thereafter to inspect the Installation Work and approve the On-Pad Facilities and the Pad Location prior to placing the On-Pad Facilities into service.
(c) Producer shall own, maintain, repair and replace the On-Pad Facilities, the JT Farms Well Line and all other facilities which are downstream of the On-Pad Facilities and upstream of the interconnection at the Off-Pad Location (collectively, the “Downstream Facilities”) at its sole cost and expense, it being understood that, notwithstanding anything in the Gathering Agreement to the contrary, the Downstream Facilities and the On-Pad Facilities shall be deemed to be Producer facilities subject to Sections 3.3(g) and 8.4 of the Gathering Agreement and all Measurement Facilities at the On-Pad Location shall be Producer Measurement Facilities (and Exhibit M to the Gathering Agreement shall be deemed amended hereby to include the JT Farms Well Pad). Notwithstanding the foregoing, Gatherer shall be entitled to operational control over the Downstream Facilities and On-Pad Interconnect Facilities to the extent necessary to comply with its obligations under the Gathering Agreement, including any responsibilities for Customer (Producer) Owned Measurement Facilities as set forth on Exhibit N to the Gathering Agreement.
(d) Producer hereby agrees to grant and convey to Gatherer an easement and right of way including, without limitation, the right of ingress and egress to and from the JT Farms Well Pad, the On-Pad Location and the Downstream Facilities, along the route depicted on Exhibit A, for the purpose of performing its obligations under the Gathering Agreement, subject to the terms and conditions hereof; provided, however, that the terms of Sections 3.11(b) and 3.11(c) of the Gathering Agreement shall apply to such grant and conveyance, mutatis mutandis.
(e) The Parties agree to cooperate in good faith with each other Party in seeking necessary environmental permits and authorizations from the applicable Governmental Authorities permitting the JT Farms Well Pad and On-Pad Facilities and setting forth the limit of disturbance and other specifications and limitations, as needed for the completion of the Installation Work, Future Work and Decommission Work, as applicable. To that end, Producer agrees that prior to submitting all applications or other permitting materials to the applicable Governmental Authorities, it will provide such application, plans, maps, specifications and other related information to Gatherer that Gatherer reasonably requests for Gatherer’s review, and the Parties shall coordinate the pad design and specifications, including the limit of disturbance and other specifications for the On-Pad Facilities at the Pad Location, consistent with the terms and conditions hereof and Sections 3.12 and 3.13 of the Gathering Agreement.
(f) In the event that Producer should drill additional Xxxxx on the JT Farms Well Pad in the future, Producer shall be responsible for the construction and/or installation, at its sole cost and expense, all installation work required to prepare each Port Authority Facility where the Permittee is to conduct System Operations for the Permittee’s operations, including installing all transmitters, receivers, cables and other equipment and the construction of all associated improvements appurtenant additional Receipt Point facilities and ancillary facilities which are necessary to accommodate production therefrom, including, without limitation, any well lines and Measurement Facilities, whether located on the operation of the System, provided however that the Permittee shall have no obligations with respect to the installation of proprietary base station equipment for the exclusive use of individual Carrier Users, as provided in the Carrier Agreement JT Farms Well Pad or at an off-pad location (the work described in this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Future Work”).
(ig) The Permittee Except to the extent expressly set forth herein, this Letter Agreement shall be responsible at its sole expense for retaining all architectural, engineering and other technical consultants and services as may be directed by not amend or otherwise modify the Port Authority and for developing, completing and submitting procedures for obligations of the installation Parties with respect to the connection of all equipment any future Xxxxx on the JT Farms Well Pad or otherwise to the Gathering System under Section 3.3 of the Gathering Agreement and the construction of all improvements appurtenant to the operation of the System. Prior to retaining any architect, professional engineer or other technical consultant in connection with the Initial System Construction Work the name or names of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approval. The Port Authority shall have the right to disapprove any architect, professional engineer or other technical consultant who may be unacceptable to it. The Port Authority shall approve in advance the Permittee’s contract with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention by the Permittee of Xxxxxx Corporation, RCC Consultants, LGC Wireless and Xxxxx Telecom.
(ii) (1) Prior to the commencement of any Initial System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority for its approval a Tenant Alteration Application (hereinafter, “Construction Application”), in the form supplied by the Port Authority, and containing such terms and conditions as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes to perform at such Port Authority Facility and the manner of and time periods for performing such work. The data to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work and shall describe in detail the improvements, fixtures, equipment, and systems to be installed by the Permittee. The plans and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible for the administration of the Initial System Construction Work in accordance with the Port Authority’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, the Permittee may submit one or more separate Construction Applications comprising only a portion of the Initial System Construction Work at such Port Authority Facility. All Construction Applications shall be submitted in compliance with the requirements set forth above in this paragraph. Any Construction Application that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection with the review by the Port Authority of the Permittee’s submissions under this Section, the Permittee shall submit to the Port Authority, at the Port Authority’s request, such additional data, detail or information as the Port Authority may require for such review. Following the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage any contractor or permit the use of any subcontractor unless and until each such contractor or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of this Agreement and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged Xxxxxx Corporation and LGC Wireless Inc. as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed).
Appears in 2 contracts
Samples: Gas Gathering and Compression Agreement (EQT Corp), Gas Gathering and Compression Agreement (Equitrans Midstream Corp)
Installation Work. a) The Power Producer will cause the Project to be designed, manufactured, supplied, engineered, erected, tested and commissioned, operated & maintained and constructed substantially in accordance with RFS No
b) The Power Producer shall have access as reasonably permitted by the Purchaser to perform the Installation Work at the Premises in a manner that minimizes inconvenience to and interference with the use of the Premises to the extent commercially practical.
c) It is agreed between the Parties that the Power Producer shall commission the System with a capacity of kWp. Power Producer may construct a System of smaller size if it receives only part approval of government subsidies or for any other material commercial reason, as mutually agreed between the Parties in writing, In the event a System of smaller capacity is eventually agreed to be installed, the clauses pertaining to Purchase Price as set out under this Agreement shall be adjusted proportionately as per mutual agreement between the Parties in writing.
d) The Power Producer shall provide and lay the dedicated electrical cables for transmission of Solar Power from the System up to the Delivery Point. Transmission or distribution of Solar Power beyond this point will be the responsibility of the Purchaser. The Delivery Point shall be where the Main Metering System is located.
e) Unless otherwise agreed between the Parties, the Power Producer shall not do
(a) chipping of rooftop; or (b) water proofing of roof to be disturbed ;(c) Carry out any other modification of the Premises without the written consent of the Purchaser.
f) The Permittee Power Producer shall performmaintain general cleanliness of area around the Project during construction and operation period of the Project. In case any damages is caused to the equipment / facilities owned by the Purchaser due to the Power Producer, the same shall be made good rectified by the Power Producer at its sole cost their cost.
g) The Power Producer shall, within fifteen (15) working days of the Effective Date, submit to the Purchaser shop drawings of the Project for approval ("Shop Drawings"). The drawings will have to be approved from the Power Purchaser within 3 working days from the submission of the drawings. If the Purchaser has any objection/'recommendation in the Shop Drawings, he shall communicate the same to Power Producer within a period of ten (10) working days of the date of submission of the Shop Drawings. Any delay will extend the Effective Date and expensesuch approval shall not be unreasonably withheld. Subject to any punch-list items which shall be agreed by the. Purchaser as not being material to completion of the Project, all installation work required the Power Producer agrees that it shall achieve the completion of the Project/ Commissioning of the Project within the scheduled completion period from the Effective Date ("Scheduled Completion Date"). Purchaser shall ensure that sufficient load is available at the Delivery Point to prepare each Port Authority Facility where ensure synchronization and drawl of power from System.
h) If the Permittee Power Producer is unable to conduct System Operations commence supply of Solar Power to the Purchaser by the Scheduled Completion Date, other than for the Permittee’s operationsreasons specified in Article 11 and 12.2 (Force Majeure or Purchaser Default), including installing all transmitters, receivers, cables and other equipment and the construction Power Producer or its contractor shall pay to <NAME OF EXPERT PSU> genuine pre-estimated liquidated damages for the delay in such commencement of all associated improvements appurtenant to supply of Solar Power as per the operation clause of the System, provided however that the Permittee shall have no obligations with respect <NAME OF EXPERT PSU> RFS appended as Schedule VI format as per respective RFS document to the installation of proprietary base station equipment for the exclusive use of individual Carrier Users, as provided in the Carrier Agreement (the work described in this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Work”)Agreement.
(i) The Permittee Purchaser shall be responsible at its sole expense ensure that all arrangements and infrastructure for retaining all architectural, engineering and other technical consultants and services as may be directed by receiving Solar Power beyond the Port Authority and for developing, completing and submitting procedures for the installation of all equipment and the construction of all improvements appurtenant Delivery Point are ready on or prior to the operation of the System. Prior to retaining any architect, professional engineer or other technical consultant Commercial Operation Date and is maintained in connection with the Initial System Construction Work the name or names of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approval. The Port Authority shall have the right to disapprove any architect, professional engineer or other technical consultant who may be unacceptable to it. The Port Authority shall approve in advance the Permittee’s contract with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention by the Permittee of Xxxxxx Corporation, RCC Consultants, LGC Wireless and Xxxxx Telecom.
(ii) (1) Prior to the commencement of any Initial System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority for its approval a Tenant Alteration Application (hereinafter, “Construction Application”), in the form supplied by the Port Authority, and containing such terms and conditions as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes to perform at such Port Authority Facility and the manner of and time periods for performing such work. The data to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work and shall describe in detail the improvements, fixtures, equipment, and systems to be installed by the Permittee. The plans and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible for the administration of the Initial System Construction Work state in accordance with applicable laws through the Port Authority’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, the Permittee may submit one or more separate Construction Applications comprising only a portion Term of the Initial System Construction Work at such Port Authority Facility. All Construction Applications Agreement.
j) Power Producer shall be submitted in compliance with the requirements set forth above in this paragraph. Any Construction Application that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved fulfill all obligations undertaken by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection with the review by the Port Authority of the Permittee’s submissions it under this Section, the Permittee shall submit to the Port Authority, at the Port Authority’s request, such additional data, detail or information as the Port Authority may require for such review. Following the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage any contractor or permit the use of any subcontractor unless and until each such contractor or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of this Agreement and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged Xxxxxx Corporation and LGC Wireless Inc. as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed)Agreement.
Appears in 2 contracts
Samples: Power Purchase Agreement (Ppa), Memorandum of Understanding, Power Purchase Agreement, Engineering Procurement & Construction Agreement
Installation Work. a) SPD will cause the Project to be designed, manufactured, supplied, engineered, erected, tested and commissioned, operated & maintained and constructed substantially in accordance with RfS No. dated of SECI. SPD shall provide to the Buying Entity a bill of materials listing the major equipment constituting the System. Such bill of materials shall be provided within thirty (30) days of the Commercial Operation Date.
b) SPD shall have access as reasonably permitted by the Buying Entity to perform the Installation Work at the Premises in a manner that minimizes inconvenience to and interference with the use of the Premises to the extent commercially practical.
c) It is agreed between the Parties that the SPD shall commission the System with a capacity of approximately kWp.
d) SPD shall provide and lay the dedicated electrical cables for transmission of Solar Power from the System up to the Delivery Point. Transmission or distribution of Solar Power beyond this point will be the responsibility of the Buying Entity. The Delivery Point shall be where the Main Metering System is located.
e) Unless otherwise agreed between the Parties, SPD shall not do (a) The Permittee chipping of rooftop; or (b) water proofing of roof to be disturbed; (c) carryout any other modification of the Premises without the written consent of the Buying Entity. SPD shall perform, at its sole cost maintain general cleanliness of area around the Project during construction and expense, all installation work required to prepare each Port Authority Facility where operation period of the Permittee Project. In case any damages is to conduct System Operations for the Permittee’s operations, including installing all transmitters, receivers, cables and other equipment and the construction of all associated improvements appurtenant caused to the operation equipment/ facilities owned by the Buying Entity due to the SPD, the same shall be made good/rectified by the SPD at their cost.
f) SPD shall, within thirty (30) days of the SystemEffective Date, provided however that the Permittee shall have no obligations with respect to the installation of proprietary base station equipment for the exclusive use of individual Carrier Users, as provided in the Carrier Agreement (the work described in this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Work”).
(i) The Permittee shall be responsible at its sole expense for retaining all architectural, engineering and other technical consultants and services as may be directed by the Port Authority and for developing, completing and submitting procedures for the installation of all equipment and the construction of all improvements appurtenant to the operation of the System. Prior to retaining any architect, professional engineer or other technical consultant in connection with the Initial System Construction Work the name or names of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approval. The Port Authority shall have the right to disapprove any architect, professional engineer or other technical consultant who may be unacceptable to it. The Port Authority shall approve in advance the Permittee’s contract with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention by the Permittee of Xxxxxx Corporation, RCC Consultants, LGC Wireless and Xxxxx Telecom.
(ii) (1) Prior to the commencement of any Initial System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority Buying Entity shop drawings of the Project for its approval ("Shop Drawings"). If the Buying Entity has any objection/recommendation in the Shop Drawings, it shall communicate the same to SPD within a Tenant Alteration Application period of thirty (hereinafter30) working days of the date of submission of theShop Drawings. Any delay will extend the Effective Date and such approval shall not be unreasonably withheld.
g) Subject to any punch-list items which shall be agreed by the SPD as not being material to completion of the Project, the SPD agrees that it shall achieve the completion of the Project/ Commissioning of the Project within the scheduled completion period from the Effective Date (“Construction ApplicationScheduled Completion Date”), in . Buying Entity shall ensure that sufficient load is available at the form supplied Delivery Point to ensure synchronization and drawl of power from System.
h) If the SPD is unable to commence supply of Solar Power to the Buying Entity by the Port AuthorityScheduled Completion Date, and containing such terms and conditions as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes to perform at such Port Authority Facility and the manner of and time periods for performing such work. The data to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work and shall describe in detail the improvements, fixtures, equipment, and systems to be installed by the Permittee. The plans and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible other than for the administration of the Initial System Construction Work reasons specified in accordance with the Port Authority’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, the Permittee may submit one or more separate Construction Applications comprising only a portion of the Initial System Construction Work at such Port Authority Facility. All Construction Applications shall be submitted in compliance with the requirements set forth above in this paragraph. Any Construction Application that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection with the review by the Port Authority of the Permittee’s submissions under this Section, the Permittee shall submit to the Port Authority, at the Port Authority’s request, such additional data, detail or information as the Port Authority may require for such review. Following the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage any contractor or permit the use of any subcontractor unless and until each such contractor or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of this Agreement and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged Xxxxxx Corporation and LGC Wireless Inc. as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed).Article 11 and
Appears in 1 contract
Samples: Power Purchase Agreement (Ppa)
Installation Work. a) SPD will cause the Project to be designed, manufactured, supplied, engineered, erected, tested and commissioned, operated & maintained and constructed substantially in accordance with RfS No. dated of SECI. SPD shall provide to the Buying Entity a bill of materials listing the major equipment constituting the System. Such bill of materials shall be provided within thirty (30) days of the Commercial Operation Date.
b) SPD shall have access as reasonably permitted by the Buying Entity to perform the Installation Work at the Premises in a manner that minimizes inconvenience to and interference with the use of the Premises to the extent commercially practical.
c) It is agreed between the Parties that the SPD shall commission the System with a capacity of approximately kWp.
d) SPD shall provide and lay the dedicated electrical cables for transmission of Solar Power from the System up to the Delivery Point. Transmission or distribution of Solar Power beyond this point will be the responsibility of the Buying Entity. The Delivery Point shall be where the Main Metering System is located.
e) Unless otherwise agreed between the Parties, SPD shall not do (a) The Permittee chipping of rooftop; or (b) water proofing of roof to be disturbed; (c) carry out any other modification of the Premises without the written consent of the Buying Entity. SPD shall performmaintain general cleanliness of area around the Project during construction and operation period of the Project. In case any damages is caused to the equipment/ facilities owned by the Buying Entity due to the SPD, the same shall be made good/rectified by the SPD at its sole cost their cost.
f) SPD shall, within thirty (30) days of the Effective Date, submit to the Buying Entity shop drawings of the Project for approval ("Shop Drawings"). If the Buying Entity has any objection/recommendation in the Shop Drawings, it shall communicate the same to SPD within a period of thirty (30) days of the date of submission of theShop Drawings. Any delay will extend the Effective Date and expensesuch approval shall not be unreasonably withheld.
g) Subject to any punch-list items which shall be agreed by the SPD as not being material to completion of the Project, all installation work required the SPD agrees that it shall achieve the completion of the Project/ Commissioning of the Project within the scheduled completion period from the Effective Date (“Scheduled Completion Date”). Buying Entity shall ensure that sufficient load is available at the Delivery Point to prepare each Port Authority Facility where ensure synchronization and drawl of power from System.
h) If the Permittee SPD is unable to conduct System Operations commence supply of Solar Power to the Buying Entity by the Scheduled Completion Date, other than for the Permitteereasons specified in Article 11 and 12.2 (Force Majeure or Buying Entity’s operationsDefault), including installing all transmitters, receivers, cables and other equipment and the construction of all associated improvements appurtenant SPD or its contractor shall pay to the operation of the System, provided however that the Permittee shall have no obligations with respect to the installation of proprietary base station equipment Buying Entity genuine pre-estimated liquidated damages for the exclusive use delay in such commencement of individual Carrier Users, supply of Solar Power as provided in per the Carrier Agreement (the work described in clause of SECI’s RfS appended as Schedule III to this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Work”)Agreement.
(i) The Permittee Buying Entity shall be responsible at its sole expense ensure that all arrangements and infrastructure for retaining all architectural, engineering and other technical consultants and services as may be directed by receiving Solar Power beyond the Port Authority and for developing, completing and submitting procedures for the installation of all equipment and the construction of all improvements appurtenant Delivery Point are ready on or prior to the operation of the System. Prior to retaining any architect, professional engineer or other technical consultant Commercial Operation Date and is maintained in connection with the Initial System Construction Work the name or names of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approval. The Port Authority shall have the right to disapprove any architect, professional engineer or other technical consultant who may be unacceptable to it. The Port Authority shall approve in advance the Permittee’s contract with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention by the Permittee of Xxxxxx Corporation, RCC Consultants, LGC Wireless and Xxxxx Telecom.
(ii) (1) Prior to the commencement of any Initial System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority for its approval a Tenant Alteration Application (hereinafter, “Construction Application”), in the form supplied by the Port Authority, and containing such terms and conditions as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes to perform at such Port Authority Facility and the manner of and time periods for performing such work. The data to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work and shall describe in detail the improvements, fixtures, equipment, and systems to be installed by the Permittee. The plans and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible for the administration of the Initial System Construction Work state in accordance with applicable laws through the Port Authority’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, the Permittee may submit one or more separate Construction Applications comprising only a portion Term of the Initial System Construction Work at such Port Authority Facility. All Construction Applications Agreement.
j) SPD shall be submitted in compliance with the requirements set forth above in this paragraph. Any Construction Application that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved fulfill all obligations undertaken by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection with the review by the Port Authority of the Permittee’s submissions it under this Section, the Permittee shall submit to the Port Authority, at the Port Authority’s request, such additional data, detail or information as the Port Authority may require for such review. Following the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage any contractor or permit the use of any subcontractor unless and until each such contractor or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of this Agreement and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged Xxxxxx Corporation and LGC Wireless Inc. as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed)Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Installation Work. (a) The Permittee shall performHost hereby grants to Provider an Access License for access to and use of portions of the Property upon which the System will be located . Provider will cause the System to be designed, at its sole cost engineered, installed, operated and expense, all installation work required to prepare each Port Authority Facility where the Permittee is to conduct System Operations for the Permittee’s operations, including installing all transmitters, receivers, cables and other equipment constructed substantially in accordance with Applicable Laws and the construction terms of all associated improvements appurtenant to the operation of the System, provided however that the Permittee shall have no obligations with respect to the installation of proprietary base station equipment for the exclusive use of individual Carrier Users, as provided in the Carrier Agreement (the work described in this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Work”).
(i) The Permittee shall be responsible at its sole expense for retaining all architectural, engineering and other technical consultants and services as may be directed by the Port Authority and for developing, completing and submitting procedures for the installation of all equipment and the construction of all improvements appurtenant to the operation of the SystemAgreement. Prior to retaining any architect, professional engineer or other technical consultant in connection with the Initial System Construction Work the name or names of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approval. The Port Authority Host shall have the right to disapprove any architectreview all construction plans, professional engineer or other technical consultant who may be unacceptable to itincluding engineering evaluations of the impact of the System on (i) the structural integrity and strength of the roof of the Property, if applicable, and (ii) the then current Local Electric Utility’s equipment and service. The Port Authority Host reserves the right to recommend reasonable revisions to the implementation of the System and the Provider may at its sole discretion implement such reasonable revisions so long as such reasonable revisions will not result in a higher cost to Provider. Any delay caused solely by such revisions shall approve in advance extend the Permittee’s contract time with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention which Provider must reach Commercial Operation by the Permittee length of Xxxxxx Corporationsuch delay. Prior to the start of the Installation work, RCC Consultants, LGC Wireless and Xxxxx TelecomProvider shall have a kickoff meeting with Host.
(iib) (1) Prior to Provider shall provide the commencement of any Initial project management and construction management services for the System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority for its approval a Tenant Alteration Application (hereinafter, “Construction Application”), as described in the form supplied by System Description as defined in Schedule 2 of the Port AuthorityAppendix. Provider shall (a) maintain a qualified and competent organization as necessary to perform the Installation Work in the applicable System Description, (b) maintain the System Site in a safe condition and reasonably clear of debris, waste material, and containing such terms rubbish, (c) use only the entrance(s) described in the applicable System Description for ingress and conditions as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes to perform at such Port Authority Facility and the manner egress of and time periods for performing such work. The data to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work and shall describe in detail the improvements, fixturesall personnel, equipment, vehicles, and systems to be installed by the Permittee. The plans materials, and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to (d) otherwise perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible for the administration of the Initial System Construction Work in accordance with the Port Authorityapplicable System Description, including any limitations contained therein. Host shall have the right at all times to review Provider’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, work on the Permittee may submit one or more separate Construction Applications comprising only a portion of the Initial System Construction Work at such Port Authority Facility. All Construction Applications shall be submitted to determine if Provider is in compliance with the requirements set forth above System Description and Host’s policies and procedures. If Host determines in this paragraph. Any Construction Application its reasonable discretion that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work Provider is not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection compliance with the review by the Port Authority of the Permitteeapplicable System Description or Host’s submissions under this Sectionpolicies and procedures, the Permittee Parties shall submit promptly work together in good faith to remedy such issues. If the Port AuthorityParties are unable to agree upon a mutually satisfactory resolution to any such issues, at then Host may contract with a third party to review the Port Authority’s request, issues and determine the appropriate resolution of such additional data, detail or information as issues. Provider shall bear the Port Authority may require cost for such reviewthird party review only if such third party reasonably determines that Provider has materially deviated from the System Description.
(c) Provider may elect to have the Work performed or provided by contractors or subcontractors engaged by Provider. Following To the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage extent Provider elects to cause any contractor or permit subcontractor to perform or provide any of the Work, Provider shall remain fully liable for the performance of such Installation Work and such delegation shall not relieve Provider from any of Provider’s obligations or liabilities under this Agreement. Provider shall use reasonable efforts to ensure all such contractors and subcontractors comply with obligations required of any subcontractor unless and until each such contractor or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of Provider for work under this Agreement including such contractors and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged Xxxxxx Corporation and LGC Wireless Inc. subcontractors naming Host as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed)an additional insured.
Appears in 1 contract
Samples: Solar Power and Services Agreement
Installation Work. The Power Producer will cause the Project to be designed, manufactured, supplied, engineered, erected, tested and commissioned, operated & maintained and constructed substantially in accordance with RFP No dated: and the sanction letter issued by Cochin Port Trust. The Power Producer shall provide to the Purchaser a bill of materials listing the major equipment constituting the System. Such bill of materials shall be provided within 30 days of the Commercial Operation Date. The Power Producer shall have access as reasonably permitted by the Purchaser to perform the Installation Work at the Premises in a manner that minimizes inconvenience to and interference with the use of the Premises to the extent commercially practical. It is agreed between the Parties that the Power Producer shall commission the System with a capacity of kWp. Power Producer may construct a System of smaller size if it receives only part approval of government subsidies or for any other material commercial reason, as mutually agreed between the Parties in writing, In the event a System of smaller capacity is eventually agreed to be installed, the clauses pertaining to Purchase Price as set out under this Agreement shall be adjusted proportionately as per mutual agreement between the Parties in writing. The Power Producer shall provide and lay the dedicated electrical cables for transmission of Solar Power from the System up to the Delivery Point. Transmission or distribution of Solar Power beyond this point will be the responsibility of the Purchaser. The Delivery Point shall be where the Main Metering System is located. Unless otherwise agreed between the Parties, the Power Producer shall not do (a) chipping of rooftop; or (b) water proofing of roof to be disturbed ;(c) Carry out any other modification of the Premises without the written consent of the Purchaser. The Permittee Power Producer shall perform, at its sole cost maintain general cleanliness of area around the Project during construction and expense, all installation work required to prepare each Port Authority Facility where operation period of the Permittee is to conduct System Operations for the Permittee’s operations, including installing all transmitters, receivers, cables and other equipment and the construction of all associated improvements appurtenant Project. In case any damages are caused to the operation equipment / facilities owned by the Purchaser arising from any act or omission of the SystemPower Producer, provided however that the Permittee shall have no obligations with respect to the installation of proprietary base station equipment for the exclusive use of individual Carrier Users, as provided in the Carrier Agreement (the work described in this Section being hereinafter referred to, separately with respect to each Port Authority Facility, as the “Initial System Construction Work”).
(i) The Permittee same shall be responsible at its sole expense for retaining all architectural, engineering and other technical consultants and services as may be directed made good rectified by the Port Authority and for developingPower Producer at their cost. The Power Producer shall, completing and submitting procedures for the installation of all equipment and the construction of all improvements appurtenant to the operation within fifteen (15) working days of the System. Prior to retaining any architectEffective Date, professional engineer or other technical consultant in connection with the Initial System Construction Work the name or names of said architect, professional engineer or other technical consultant shall be submitted to the Port Authority for its approval. The Port Authority shall have the right to disapprove any architect, professional engineer or other technical consultant who may be unacceptable to it. The Port Authority shall approve in advance the Permittee’s contract with each such architect,” professional engineer or other technical consultant. The Port Authority hereby approves any retention by the Permittee of Xxxxxx Corporation, RCC Consultants, LGC Wireless and Xxxxx Telecom.
(ii) (1) Prior to the commencement of any Initial System Construction Work at any Port Authority Facility, the Permittee shall submit to the Port Authority Purchaser shop drawings of the Project for its approval ("Shop Drawings"). The drawings will have to be approved by the Power Purchaser within 3 working days from the date of submission of the drawings. If the Purchaser has any objection/ recommendation in the Shop Drawings, he shall communicate the same to Power Producer within a Tenant Alteration Application period of five (hereinafter5) working days of the date of submission of the Shop Drawings. Any delay will extend the effective Date and such approval shall not be unreasonably withheld. Subject to any punch-list items which shall be agreed by the. Purchaser as not being material to completion of the Project, “Construction Application”the Power Producer agrees that it shall achieve the completion of the Project/ Commissioning of the Project within the scheduled completion period from the Effective Date ("Scheduled Completion Date"). Purchaser shall ensure that sufficient load is available at the Delivery Point to ensure synchronization and drawl of power from System. If the Power Producer is unable to commence supply of Solar Power to the Purchaser by the Scheduled Completion Date, other than for the reasons specified in Section 11 and 12.2 (Force Majeure or Purchaser Default), the Power Producer or its contractor shall pay to Cochin Port Trust genuine pre-estimated liquidated damages for the delay in such commencement of supply of Solar Power as per the form supplied by clause of the Cochin Port Authority, and containing such terms and conditions Trust RFP appended as the Port Authority may include, setting forth in detail by appropriate plans and specifications System Construction Work the Permittee proposes Schedule 6: RFP format as per respective RFP document to perform at such Port Authority Facility and the manner of and time periods for performing such workthis Agreement. The data Purchaser shall ensure that all arrangements and infrastructure for receiving Solar Power beyond the Delivery Point are ready on or prior to be supplied by the Permittee shall identify separately each of the items constituting the Initial System Construction Work Commercial Operation Date and shall describe is maintained in detail the improvements, fixtures, equipment, and systems to be installed by the Permittee. The plans and specifications to be submitted by the Permittee shall be in sufficient detail for a contractor to perform the Initial System Construction Work and shall bear the seal of a qualified architect or professional engineer who shall be responsible for the administration of the Initial System Construction Work such state in accordance with applicable laws through the Port Authority’s requirements. The Permittee may submit a single Construction Application for each Port Authority Facility. Alternatively, the Permittee may submit one or more separate Construction Applications comprising only a portion Term of the Initial System Construction Work at such Port Authority FacilityAgreement. All Construction Applications Power Producer shall be submitted in compliance with the requirements set forth above in this paragraph. Any Construction Application that covers less than an entire Port Authority Facility shall cover an integrated functional portion of the Initial System Construction Work at such Port Authority Facility which, when complete, will function to provide service to Carrier Users and the public without being dependent on any other portion of the Initial System Construction Work not yet completed. The Permittee may submit a Construction Application covering a portion of the Initial System Construction Work which the Port Authority shall have approved fulfil all obligations undertaken by prior written notice to the Permittee as eligible for inclusion in a separate Construction Application. In connection with the review by the Port Authority of the Permittee’s submissions it under this Section, the Permittee shall submit to the Port Authority, at the Port Authority’s request, such additional data, detail or information as the Port Authority may require for such review. Following the Port Authority’s receipt of the Permittee’s Construction Application, the Port Authority shall give its written approval or rejection thereof, or shall request such modifications thereto as the Port Authority may find necessary or appropriate. The Permittee shall not engage any contractor or permit the use of any subcontractor unless and until each such contractor or subcontractor, and the contract such contractor or subcontractor is operating under, have been approved by the Port Authority. The Permittee shall include in any such contract or subcontract such provisions as are required pursuant to the provisions of this Agreement and the Construction Application approved by the Port Authority, including, without limitation thereto, provisions regarding labor harmony. The Permittee has engaged Xxxxxx Corporation and LGC Wireless Inc. as its contractors, and the Port Authority hereby approves such engagement. The Port Authority hereby approves for retention by such contractors, as subcontractors, the following firms: None Listed)Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement (Ppa)