Common use of Milestone Dates Clause in Contracts

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 it is accomplished within the time period specified in this Agreement with respect to such performance or, if no time period is specified, within a reasonable period of time. If the performance in question is Company’s review of plans, the determination of what is a “reasonable period of time” will take into account Company’s past practices in reviewing and commenting on plans for similar facilities.

Milestone Dates. Seller shall achieve each Guaranteed Project Milestone Date or Reporting Milestone Date, subject (to the extent applicable) to the following extensions: : (a) if the PUC Approval Order Date occurs more than one hundred eighty eighty (180b) 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 or (c) 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 it is accomplished within the time period specified in this Agreement with respect to such performance or, if no time period is specified, within a reasonable period of time. If the performance in question is Company’s review of plans, the determination of what is a “reasonable period of time” will take into account Company’s past practices in reviewing and commenting on plans for similar facilities.

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 shall be extended by a period 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 it is accomplished within the time period specified in this Agreement with respect to such performance or, if no time period is specified, within a reasonable period of time. If the performance in question is Company’s review of plans, the determination of what is a “reasonable period of time” will take into account Company’s past practices in reviewing and commenting on plans for similar facilities.

Milestone Dates. Seller shall achieve each Guaranteed Project Item Milestone Date or Reporting Milestone Responsible Party Due Date, subject (to a) Submit proof of insurance coverage in accordance with Article 18.3 of the extent applicableGIA Interconnection Customer Within ten (10) to the following extensions: if the PUC Approval Order Date occurs more than one hundred eighty (180) Calendar Days after the Execution Effective Date, Seller (b) Submittal of written authorization to proceed with design and Company shall be entitled to an extension procurement of the Guaranteed Project Milestone DatesDistribution Provider’s Interconnection Facilities, Reporting Milestone Dates, Seller’s Conditions Precedent Dates Distribution Upgrades and Company Milestone Dates equal Network Upgrades to the number of Days that elapse between the end of the aforesaid 180-Day period and the PUC Approval Order Date; providedDistribution Provider, 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 Article 5.5.2 of the GIA Interconnection Customer Within thirty (Milestone Dates30) Calendar Days after the Effective Date (c) Submittal of written authorization to proceed with construction to the Distribution Provider, pursuant to Article 5.6.3 of the GIA Interconnection Customer Within thirty (30) Calendar Days after the Effective Date (d) Submittal of security for the estimated tax liability to the Distribution Provider, pursuant to Article 5.17.3 and Section 11.5 11 of Appendix A of the GIA Interconnection Customer Within thirty (Company Milestones)30) Calendar Days after the Effective Date (e) Provide the following information (“Required Information”) in support of the Distribution Provider’s engineering and design of the Distribution Provider’s Interconnection Facilities and Distribution Upgrades: 1) a completed Distribution Provider provided Interconnection Customer information sheet, Seller shall2) a unique address for the project, provided Seller has satisfied Seller’s Conditions Precedent set forth in Attachment K-1 3) public right-of-way (Seller’s Conditions Precedent and Company Milestonesstreet) base maps as required by the respective Sellerinterconnection, 4) street improvement plans, 5) site plot plan on a 30:1 scale or digital file, 6) grading plans, 7) sewer and storm plot plans, 8) landscape, Interconnection Customer Within thirty (30) calendar days after the Effective Date Item Milestone Responsible Party Due Date sprinkler and pedestal locations, 9) proposed location for the RTU, if applicable, 10) easements/lease agreements, and 11) panel drawings (f) Submittal of initial specifications for the Interconnection Customer’s Conditions Precedent Date set forth in said Attachment K-1Interconnection Facilities and Generating Facility, be entitled to an extension of such Guaranteed Project Milestone Date equal including System Protection Facilities, to the duration Distribution Provider, pursuant to Article 5.10.1 of the period GIA Interconnection Customer Within thirty (30) Calendar Days after the Effective Date (g) Review of delay directly caused by such failure in Company’s timely performance. Such extension and comment on the terms described above shall be SellerInterconnection Customer’s sole remedy for any such failure by Company. For purposes initial specifications, pursuant to Article 5.10.1 of this Section 11.4(c), Companythe GIA Distribution Provider Within thirty (30) Calendar Days after the Interconnection Customer’s performance will be deemed to be “timely” if it is accomplished within the time period specified in this Agreement with respect to such performance or, if no time period is specified, within a reasonable period submission of time. If the performance in question is Company’s review of plans, the determination of what is a “reasonable period of time” will take into account Company’s past practices in reviewing and commenting on plans for similar facilities.initial specifications

Milestone Dates. Seller shall achieve each Guaranteed Project Milestone Date or Reporting Milestone Date, subject (to the extent applicable) to the following extensions: : (a) if the PUC Approval Order Date occurs more than one hundred eighty 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]; ; (b) 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 or (c) 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 shall be extended by a period 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 it is accomplished within the time period specified in this Agreement with respect to such performance or, if no time period is specified, within a reasonable period of time. If the performance in question is Company’s review of plans, the determination of what is a “reasonable period of time” will take into account Company’s past practices in reviewing and commenting on plans for similar facilities.facilities.‌‌