Milestone Defaults Clause Samples

Milestone Defaults. The Permittee shall be in default of this Supplement if it fails to meet any Initial Schedule Milestone or the Retail Schedule Milestone (any such default, a “Schedule Milestone Default”). 11.3.1 Regardless of the Port Authority’s knowledge of such Schedule Milestone Default, and in addition to the remedies set forth this Section 11.3 and Section 11.8, upon the occurrence of any Schedule Milestone Default, the Permittee at no cost to the Port Authority, shall (i) use best efforts to complete the Initial System Construction Work and any other work that was required to be completed by the applicable Initial Schedule Milestone or the Retail Schedule Milestone at the earliest possible time following such milestone and (ii) prepare and issue to the Port Authority within one (1) business day after the applicable Initial Schedule Milestone or the Retail Schedule Milestone an analysis and narrative statement that outlines the cause of the Schedule Milestone Default and the steps taken and to be taken by the Permittee to complete the Initial System Construction Work and any other work that was required to be completed by such Initial Schedule Milestone or the Retail Schedule Milestone.
Milestone Defaults. The failure by Seller to achieve any of the following if in connection with such failure Buyer shall terminate this Agreement as provided in Section 3.5: (i) the Financing Milestone by the Financing Milestone Date, (ii) the Permit Milestone by the Permit Milestone Date, (iii) the Interconnection Milestone by the Interconnection Milestone Date or (iv) the Facility Construction Milestone by the Facility Construction Milestone Date; or the failure of Seller to achieve Commercial Operation by the Target Commercial Operation Date (unless extended by Seller in accordance with Section 3.5(f) if in connection with such failure Buyer shall terminate this Agreement as provided in Section 3.5.
Milestone Defaults