Milestone Date Extensions. In the event that Seller’s achievement of any Milestone by the applicable Milestone Date or of the Commercial Operation Date by the Guaranteed Commercial Operation Date is prevented due to a Delay Condition, the applicable Milestone Date or the Guaranteed Commercial Operation Date, as applicable, will be extended on a day-for-day basis by the number of days by which the occurrence or continuance of the Delay Condition prevented Seller from achieving, as applicable, the affected Milestone or the Commercial Operation Date. For purposes of this Agreement, “Delay Condition” means (i) the occurrence of a Force Majeure Event, or (ii) Buyer’s breach of its obligations under this Agreement. In no event will any Milestone Date or the Guaranteed Commercial Operation Date be extended, in the aggregate, by more than 120 days pursuant to this Section 7.2(d).
Appears in 5 contracts
Samples: Storage Capacity Agreement, Storage Capacity Agreement, Storage Capacity Agreement
Milestone Date Extensions. In the event that Seller’s achievement of any Milestone by the applicable Milestone Date or of the Commercial Operation Date by the Guaranteed Commercial Operation Date is prevented due to a Delay Condition, the applicable Milestone Date or the Guaranteed Commercial Operation Date, as applicable, will be extended on a day-for-day basis by the number of days by which the occurrence or continuance of the Delay Condition prevented Seller from achieving, as applicable, the affected Milestone or the Commercial Operation Date. For purposes of this Agreement, “Delay Condition” means (i) the occurrence of a Force Majeure Event, or (ii) Buyer’s breach of its obligations under this Agreement. In no event will any Milestone Date or the Guaranteed Commercial Operation Date be extended, in the aggregate, by more than 120 days pursuant to this Section 7.2(d).7.2(d).
Appears in 2 contracts
Samples: Storage Capacity Agreement, Storage Capacity Agreement
