KEY INFORMATION TABLE. Commercial Information Subject Clause Key Information Additional Conditions Precedent 1.1 [insert list of additional conditions precedent if any]. Abandonment Period of Time 1.1 [●] Contracted Capacity 1.1 [●] Commencement Date 1.1 [●] Export Laws1 1.1 Any laws of [the United States of America,][the United Kingdom,][the European Union][or of any of its Member States] that relate to the control of export or import of goods or services from those jurisdictions to other jurisdictions] [(a) any controls administered by the US Department of Commerce and/or the US Department of State] and [(b)] any other export or import controls adopted by a country in which obligations under this Agreement are to be performed. Final Commencement Date 1.1 [●] Business Days after the Signature Date. Price 3.2(a) [●] Retention Rate 1.1 [●] percent. Acceptable Credit Rating 4.1(b)(i) [●] CP Longstop Date 2.2(a) [●] Qualifying Issuer 4.1(b) [Insert rating requirements]. Retention Limit 4.3(a) Prior to the Commercial Operation Date, [●] percent ([●]% of the Price. On and from the Commercial Operation Date until the date of issuance of the Final. Acceptance Certificate, [●] percent ([●]%) of the Price. Relevant Parties 4.5 [●] Maximum Subcontract Value 4.10(b)(ii) [Ten percent (10%) of the Price]. Reporting Period (b) [monthly][quarterly][other].
KEY INFORMATION TABLE. Commercial Information Subject Clause Key information Index 1.1 [●] Abandonment Period of Time 1.1 [●] Additional Conditions Precedent 1.1 [insert list of additional conditions precedent if any] Commencement of the Construction Phase 1.1 [●] CP Longstop Date 2.3(a) [●] Lender's Performance Standards 3.1(a)(i) [insert required performance standards of the Lender e.g. "Equator Principles" and/or "IFC Performance Standards" or] [Not applicable]2 Contract Price 3.2 [●] Response Time Price Adjustment 3.14(b) [●] per [hour/day] of delay Contract Price payable during Buyer Curtailment Period 3.15(c) [●] Scheduled Outage Notification Deadline 4.1(a) [●] Business Days Project Company Outage Rescheduling Notice Period 4.1(b) [●] Business Days O&M Contractor Outage Rescheduling Notice Period 4.1(c) [●] Business Days Permitted Subcontract Value 4.6(a)(i) [●] percent 1.1.1 Availability Liquidated Damages 9 [●] Availability Liquidated Damages Cap 9 [●] Minimum Guaranteed Availability 9 [ninety eight percent (98%)] Maximum Annual O&M Contractor Liability 11.1(a) [●] Liability Period 11.1(b)(ii) [twelve (12)] years No-Access Period 12.2(a)(v) [●] Repeated Availability Test Period Failure Limit 12.1(a)(vii) [●] consecutive Availability Test Periods Costs or Savings Threshold 15.4 [●] Regular Payment Instalments 17.1(a) [Quarterly] [Monthly] Default Rate 17.9 [●] Exemption Period 17.13(a) [●] years Corporate Income Tax Reduction Rate 17.13(a) [●] percent ([●]%) Corporate Income Tax Reduction Anniversary 17.13(a) [●] anniversary of the Commercial Operation Date Governing Law 19 [●] Mediation Rules 20.2 [ICC Mediation Rules]. Expert Appointing Authority 20.3(c) [●] Arbitration Language 20.4(b) [●]
KEY INFORMATION TABLE. Commercial Information Subject Clause Key Information Abandonment Period of Time 1.1 [●] Commercial Operation Longstop Date 1.1 [180] Business Days from the Scheduled COD Cost or Savings Threshold Error: Reference source not found [●] Expiry Date 1.1 [●] Minimum Capacity 1.1 [●] Scheduled COD 1.1 [●] CP Longstop Date 2.2(a) [●] Grid Availability Date 4.4(b) [●] Delay Liquidated Damages Cap 5.1 [●]1 Delay Liquidated Damages Rate 5.1 [●][Currency]/MWp/day Required Credit Rating 5.2(b)(iii) [●] Contracted Capacity 5.4 [●] Deemed Overpayment Monthly Limit 5.7(d) [●] Buyer Curtailment Allowance 6.6 [●] Energy Charge 9.1 [●] Nominated Currency 9.2 (c) [●] Liquidity Support Instrument Delivery Date 10.1 [●] Liquidity Support Factor 1 10.2(a) [●] Liquidity Support Factor 2 10.2(b) [●] Default Rate 9.2(d) [●] Governing Law2 22.1 [●] Mediation Rules 22.3 [●] Expert Appointing Authority3 22.4(c) [●] Arbitration Language 22.5(b) [●] Arbitration Seat4 22.5(c) [●] Options Subject Clause Key Information Sectional Completion 4.1 [Yes] [No] If YES applies, Clause 4.1 should include the following: From and after the Commissioning of the first Unit until the Commercial Operation Date, the Buyer shall purchase from the Project Company for [[●] percent of] the Energy Charge, all Energy output delivered to the Delivery Point in accordance with Dispatch Instructions.
KEY INFORMATION TABLE. Subject Clause Key Information Acceptable Credit Rating1 39 [means a long-term unsecured and non-credit enhanced debt rating of at least [●] by a Standard & Poor’s Rating Services, [●] by Xxxxx’x Investor Services Limited or [●] by Fitch Ratings Ltd (or an equivalent rating agency acceptable to the Lender) from at least two (2) of the aforementioned rating agencies].2 Acceptable Credit Support 10 Will comprise a corporate guarantee or letter of credit granted or procured by each Sponsor, or an Affiliate3 of the Sponsor.4 Affiliate 37 [insert Affiliate definition]. Affiliate Contracting Threshold 37 [●]. Availability Period 12 [insert agreed period]. Benefit of Sustainability Credits 36(u) Buyer5. Business Day 38 [insert definition]. Construction report reporting period 35(f) [weekly] [monthly] [quarterly]. Control 20 35 38 Schedule 2 [Insert definition]6. Debt Service Coverage Ratio 20 38 [insert agreed ratio]. Debt Service Reserve Facility 49 [Applicable] [Not Applicable]. Direct Agreements 22 25 In respect of: the PPA; the Implementation Agreement; the Grid Connection Agreement; the Supply Agreement; the Installation Agreement; the O&M Agreement; the Land Agreement or such other agreement securing the rights of the Borrower over the Site (if any); and such other Project Agreements as may be agreed by the Facility Agent and the Borrower. Dispute Resolution – Direct Agreements 44(c) [ICC arbitration in [insert seat of arbitration]7].
KEY INFORMATION TABLE. Lead Applicant If Multijurisdictional, additional eligible entities jointly applying Total jurisdiction population Count of motor-vehicle-involved roadway fatalities from 2016 to 2020 Fatality rate Population in Underserved Communities States(s) in which projects and strategies are located Costs by State (if project spans more than one State) Instructions for a): • The lead applicant is the primary jurisdiction, and the lead eligible entity applying for the grant. • If the application is multijurisdictional, list additional eligible entities within the multijurisdictional group of entities. If a single applicant, mark as not applicable. • Total jurisdiction population is based on 2020 U.S. Census data and includes the total population of all Census tracts where the applicant operates or performs their safety responsibilities. • The count of roadway fatalities from 2016 to 2020 in the jurisdiction based on DOT’s Fatality Analysis Reporting System (FARS) data, an alternative traffic fatality dataset, or a comparable data set with roadway fatality information.20 This should be a number. Cite the source, if using a dataset different from FARS, with a link to the data if publicly available. • The fatality rate, calculated using the average from the total count of fatalities from 2016 to 2020 based on FARS data, an alternative traffic fatality dataset, or a comparable data set with roadway fatality information, which is divided by the population of the applicant’s jurisdiction based on 2020 U.S. Census population data. This should be a number. Cite the source, if using a dataset different from FARS. • Check one of the three available boxes to the right of the column with the three Action Plan types: new Action Plan; Action Plan completion; or supplemental action plan activities. • The population in underserved communities should be a percentage obtained by dividing the population living in Census tracts with an Underserved Community designation divided by the total population living in the jurisdiction.21 For multi-jurisdictional groups, provide this information for each jurisdiction in the group. • Note the State(s) of the applicants. If a federally recognized Tribal government, mark as not applicable. • Allocate funding request amounts by State based on where the funds are expected to be spent. If the projects and strategies are located in only one State, put the full funding request amount.
KEY INFORMATION TABLE. Application Name Lead Applicant If Multijurisdictional, additional eligible entities jointly applying Roadway safety responsibility Ownership and/or maintenance responsibilities over a roadway network Safety responsibilities that affect roadways Have an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction Population in Underserved Communities States(s) in which activities are located Costs by State Funds to Underserved Communities Cost total for eligible activity (A) supplemental action plan activities in support of an existing Action Plan Cost total for eligible activity (B) conducting planning, design, and development activities for projects and strategies identified in an Action Plan Cost total for eligible activity (C) carrying out projects and strategies identified in an Action Plan Action Plan or Established Plan Link Instructions for a) • Provide a grant application name to accompany the grant application. • The lead applicant is the primary jurisdiction, and the lead eligible entity applying for the grant. • If the application is multijurisdictional, list additional eligible entities within the multijurisdictional group of entities. If a single applicant, leave blank. • The roadway safety responsibility response should check one of the three answers to meet eligibility conditions. • The population in Underserved Community Census Tracts should be a percentage number obtained by dividing the population living in Underserved Community Census tracts within the jurisdiction divided by the total population living in the jurisdiction. • Identify State(s) in which the applicant is located in. If a federally recognized Tribal government, leave blank. • The total amount of funds to underserved communities is the amount of spent in, and provide safety benefits to, locations in census tracts designated as underserved communities. • For each State, allocate funding request amounts divided up by State based on where the funds are expected to be spent. If the applicant is located in in only one State, put the full funding request amount only. • Provide a weblink to the plan that serves as the Action Plan or established plan that is substantially similar. This may be attached as a supporting PDF document instead; if so please write “See Supporting Documents.”
