Milestone Dates. Seller shall achieve each Guaranteed Project Milestone Date or Reporting Milestone Date, subject (to the extent applicable) to the following extensions: if the PUC Approval Order Date occurs more than one hundred eighty (180) Days after the Execution Date, Seller and Company shall be entitled to an extension of the Guaranteed Project Milestone Dates, Reporting Milestone Dates, Seller’s Conditions Precedent Dates and Company Milestone Dates equal to the number of Days that elapse between the end of the aforesaid 180-Day period and the PUC Approval Order Date; provided, that in no event will the Guaranteed Commercial Operations Date be extended beyond [OUTSIDE DATE TO BE INSERTED BASED ON TYPE OF PROPOSAL]; if the failure to achieve a Construction Milestone by the applicable Guaranteed Project Milestone Date or Reporting Milestone Date is the result of Force Majeure (which, for purposes of this Section 11.4(b) excludes any delay in obtaining the PUC Approval Order because that contingency is addressed in Section 11.4(a) above), and if and so long as the conditions set forth in Section 17.4 (Satisfaction of Certain Conditions) are satisfied, such Guaranteed Project Milestone Date or Reporting Milestone Date shall be extended by a period equal to the lesser of three hundred sixty-five (365) Days or the duration of the delay caused by the Force Majeure; or if the failure to achieve a Guaranteed Project Milestone by the applicable Guaranteed Project Milestone Date is the result of any failure by Company in the timely performance of its obligations under this Agreement, including achievement of its Company Milestones by the Company Milestone Dates as set forth on Attachment K-1 (Seller's Conditions Precedent and Company Milestones), as such dates may be extended in accordance with Section 11.4 (Milestone Dates) and Section 11.5 (Company Milestones), Seller shall, provided Seller has satisfied Seller’s Conditions Precedent set forth in Attachment K-1 (Seller’s Conditions Precedent and Company Milestones) by the respective Seller’s Conditions Precedent Date set forth in said Attachment K-1, be entitled to an extension of such Guaranteed Project Milestone Date equal to the duration of the period of delay directly caused by such failure in Company’s timely performance. Such extension on the terms described above shall be Seller’s sole remedy for any such failure by Company. For purposes of this Section 11.4(c), Company’s performance will be deemed to be “timely” if i...
Milestone Dates. Designated Entity shall meet the milestone dates set forth in the Development Schedule in Schedule C of this Agreement. Milestone dates set forth in Schedule C only may be extended by Transmission Provider in writing. Failure to meet any of the milestone dates specified in Schedule C, or as extended as described in this Section 4.1.0 or Section 4.3.0 of this Agreement, shall constitute a Breach of this Agreement. Transmission Provider reasonably may extend any such milestone date, in the event of delays not caused by the Designated Entity that could not be remedied by the Designated Entity through the exercise of due diligence, or if an extension will not delay the Required Project In-Service Date specified in Schedule C of this Agreement; provided that a corporate officer of the Designated Entity submits a revised Development Schedule containing revised milestones and showing the Project in full operation no later than the Required Project In-Service Date specified in Schedule C of this Agreement.
Milestone Dates. 5.1 The Guaranteed Construction Start Date is 730 days from Effective Date provided that the Local Electric Utility is prepared to begin its construction on any required utility, (distribution or transmission), upgrades, if any, and the City has completed construction within the area of solar development (as indicted in Schedule 9). In the event that the Local Electric Utility is not prepared to commence construction on required upgrades, if any are required, or the City has not completed construction within the area of solar development, Provider will be allowed a day for day extension to the Guaranteed Construction Start Date, as defined in the General Terms and Conditions between the Parties.
5.2 The Guaranteed Commercial Operation Date is: (i) 60 days from the date on which the Local Electric Utility authorizes Provider to schedule an inspection to energize the System after confirming completion of installation, and testing, or (ii) April 14, 2026, whichever occurs later.
Milestone Dates. Selected QTPS shall meet the milestone dates set forth in the Development Schedule in Schedule B of this Agreement. Milestone dates set forth in Schedule B only may be extended by ISO-NE in writing. ISO-NE reasonably may extend any such milestone date, in the event of delays not caused by the Selected QTPS that could not be remedied by the Selected QTPS through the exercise of due diligence; if a corporate officer of the Selected QTPS submits a revised Development Schedule containing revised milestones and showing the Project in full operation no later than the Required Project In-Service Date specified in Schedule B of this Agreement.
Milestone Dates. 5.1 The Guaranteed Construction Start Date is 730 days from Effective Date provided that the Local Electric Utility is prepared to begin its construction on any required utility, (distribution or transmission), upgrades, if any. In the event that the Local Electric Utility is not prepared to commence construction on required upgrades, if any are required, Provider will be allowed a day for day extension to the Guaranteed Construction Start Date, as defined in the General Terms and Conditions between the Parties.
5.2 The Guaranteed Commercial Operation Date is: (i) 60 days from the date on which the Local Electric Utility authorizes Provider to schedule an inspection to energize the System after confirming completion of installation, and testing, or (ii) April 14, 2026, whichever occurs later.
Milestone Dates. The Construction Progress Schedule shall include but not be limited to the following Milestone dates: Design Coordination Meetings Component Construction Documents and Construction Documents receipt and approval Submittal of Component Change Orders and GMP Change Order Procurement of materials and equipment requiring long lead-time Construction Start Submittal Schedule Fire Alarm Shop Drawings Fire Protection Shop Drawings Phase Construction (if applicable) NPDES Stabilization Foundations Completion Under-Slab Utilities Slab Completion Structural Top Out Critical Work / Equipment Submittals Procurement Dates Dry-In Metal Stud Wall Completion Rough-In Completion HVAC Duct Plumbing Electrical Fire Sprinkler System Fire Alarm System Drywall Completion Equipment Installation Permanent Power Systems Operations Conditioned Air Lighting Audio/Visual Finishes Paint Flooring Fixtures 80% Completion Inspection Fire Sprinkler System - GSFIC/DP Fire Alarm System - GSFIC/DP Life Safety – Fire Marshal Commissioning Major Equipment Startup & Operational Testing Initial Test & Balance 100% Completion Inspection Fire Sprinkler System - GSFIC/DP Fire Alarm System - GSFIC/DP Life Safety – Fire Marshal Equipment Training Material Completion Date Punchlist Inspection Date Occupancy Date Interim Punchlist Completion Final Completion Date
Milestone Dates. Schedules shall include dates on which significant tasks, activities, events, and key progress points of the Work are to be accomplished – all of which are to be established by UGAA and Design-Builder at the time of execution of this Agreement (“Milestone Dates”). Design-Builder’s satisfaction of Milestone Dates is a material obligation of this Agreement and a condition precedent to UGAA’s obligation to pay.
Milestone Dates. The Supplier acknowledges that time is of the essence to the Buyer with respect to attaining Financial Closing and Commercial Operation of the Contract Facility by their corresponding Milestone Dates set out by the Supplier in Exhibit F, and the Parties agree:
(a) that each of the Milestone Events corresponding to:
(i) Financial Closing; and
(ii) attaining Commercial Operation of the Contract Facility, shall be achieved in a timely manner and by its corresponding Milestone Date, failing which the Supplier shall pay to the Buyer within five (5) Business Days after receipt of an invoice from the Buyer, as liquidated damages and not as a penalty, a sum of money equal to:
(A) $50 per MW multiplied by the Annual Average Contract Capacity (as would be determined from and after the Contract Facility COD) for each calendar day after the Milestone Date in respect of Financial Closing;
(B) the amount of (1) $150 per MW multiplied by (2) the Annual Average Contract Capacity (as would be determined from and after the Contract Facility COD) for calendar day after the Milestone Date, in respect of Commercial Operation of the Contract Facility; until the corresponding Milestone Event has been achieved. However, if Commercial Operation of the Contract Facility is achieved on or before its corresponding Milestone Date, then all liquidated damages for delay in achieving Financial Closing paid by the Supplier under this Section 2.5(a)shall be refunded to the Supplier, without interest, two weeks following Contract Facility COD;
(b) the maximum time period that liquidated damages shall be calculated and payable under Section 2.5(a) by the Supplier:
(i) for failure to meet the Milestone Date in respect of Financial Closing, shall be ninety (90) days; and
(ii) for failure to meet the Milestone Date in respect of Commercial Operation of the Contract Facility, shall be five hundred and forty-five (545) days.
(c) if prior to Financial Closing or the date of receipt by the Buyer of the Completion and Performance Security, there occurs or arises incidents, events or circumstances which results, or is likely to result, in a delay in the aggregate of thirty (30) days or more in the achievement of Commercial Operation following the Milestone Date therefor including delays arising from events of Force Majeure, the Party first becoming aware of such delay or likely delay shall promptly (and, in any event, within ten (10) Business Days) notify the other Party and the Parties shall meet to...
Milestone Dates. Exhibit C shows all major milestones for the development program. Some milestones do not contain external deliveries to ADVA and as such they are provided to ADVA for information. Throughout the development program Acacia shall communicate to ADVA all changes to milestone schedule dates in Exhibit C. For project milestones containing a key deliverable product or service Acacia understands the importance to maintain the originally agreed schedule dates. If Acacia must extend any key deliverable milestone schedule date (as indicated by “Key Deliverable Milestone #” column and “Schedule Date” column of Exhibit C by more than [**] calendar days then ADVA may, at its discretion, terminate this Partnering Agreement. Alternately, upon Acacia extending any deliverable milestone date ADVA may impose a [**]% price reduction per calendar day up to [**]% of the purchase price in the form of credits applied to future purchases for the late deliverable beginning on the [**] day after the original milestone date.
Milestone Dates. [Example: The Milestones will be determined on a case-by-case basis.]