Common use of Milestone Schedule; Monthly Construction Report Clause in Contracts

Milestone Schedule; Monthly Construction Report. Owner shall use reasonable efforts during the construction period to meet the various Project related milestones set forth in Exhibit F (“Milestone Schedule”) and avoid or minimize any delays in meeting such Milestone Schedule. No later than the tenth (10th) Calendar Day of each month while the Project has not yet achieved Commercial Operation, or within five (5) Calendar Days after CHGE’s request, Owner shall deliver to CHGE a monthly progress report, substantially in the form set forth in Exhibit G (“Construction Report”), describing its progress in relation to the Milestone Schedule, including projected time to completion of any milestones. Owner shall include in any Construction Report a list of all letters, notices, applications, approvals, authorizations, and filings referring or relating to Permits. In addition, Owner shall advise CHGE, as soon as reasonably practicable, of any problems or issues of which Owner is aware that could materially impact its ability to meet the Milestone Schedule. Critical Path Milestones. Owner shall achieve each Critical Path Milestone and shall provide CHGE with evidence, reasonably satisfactory to CHGE, of such achievement on or before the applicable deadline specified below. Critical Path Milestone Deadline to achieve Critical Path Milestone File for all material Permits for the Project needed to meet the Contract Capacity Execution of agreement and payment of fee to perform a System Reliability Impact Study (“SRIS”) Receive a completed SRIS Study (or equivalent) accepted by NYISO Operating Committee sufficient to meet the Contract Capacity of the Project Execution of Facilities Study Agreement and payment of fee to join Class Year Interconnection Facilities Study Execute the Interconnection Agreement with Transmission Owner that is suitable to interconnect the Project and ensure deliverability of Contract Capacity Execute purchase order for the energy storage system, inverter(s), and transformer(s) {CHGE Note: To Be Determined Major Equipment} needed to construct the Project at a size sufficient to achieve the Contract Capacity and other performance requirements specified in this Agreement Obtain all material Permits for the Project needed to meet the Contract Capacity Achieve Substantial Completion If Owner fails to achieve a Critical Path Milestone on or before the applicable deadline Owner may cure such failure; provided, that Within ten (10) Business Days after any such failure (other than the failure to achieve Substantial Completion by the Substantial Completion Deadline, which shall be governed by the notice requirements set forth in Section 2.5), Owner either (i) completes the Critical Path Milestone or (ii) submits to CHGE (A) a written description of the reason for the failure, (B) the date Owner expects it will achieve completion of the missed Critical Path Milestone (“CP Milestone Extension Date”), and (C) a written recovery plan for completing all necessary work to achieve completion of the missed Critical Path Milestone, the remaining Critical Path Milestones, and Commercial Operation by the Guaranteed Commercial Operation Deadline (the “Recovery Plan”). The Recovery Plan shall also include an updated Milestone Schedule with revised dates for each remaining Critical Path Milestone, which updated Milestone Schedule shall be subject to acceptance by CHGE, in its reasonable discretion. Owner shall commence the work contemplated by the Recovery Plan within five (5) Calendar Days after submitting such Recovery Plan to CHGE. Owner shall be solely responsible for any costs or expenses incurred by Owner as a result of the formulation and implementation of the Recovery Plan. If Owner fails in any material respect, as reasonably determined by CHGE, to: (i) meet the requirements of the Recovery Plan; (ii) make sufficient progress in effecting the Recovery Plan; or (iii) achieve completion of the missed Critical Path Milestone by the CP Milestone Extension Date, such failure shall constitute a failure to meet a Critical Path Milestone and be subject to the requirements of this Section 4.6. Nothing in this Section 4.6 shall be construed to: (x) relieve Owner of its obligations under this Agreement; (y) modify the deadlines for achieving the remaining Critical Path Milestones (except for any update to the Milestone Schedule pursuant to this Section 4.6 and the missed Critical Path Milestone that Owner is attempting to cure under this Section 4.6); or (z) relieve Owner of its obligations to achieve Substantial Completion by the Substantial Completion Deadline and Commercial Operation by the Guaranteed Commercial Operation Deadline.

Milestone Schedule; Monthly Construction Report. Owner shall use reasonable efforts during the construction period to meet the various Project related milestones set forth in Exhibit F (“Milestone Schedule”) and avoid or minimize any delays in meeting such Milestone Schedule. No later than the tenth (10th) Calendar Day of each month while the Project has not yet achieved Commercial Operation, or within five (5) Calendar Days after CHGERG&E’s request, Owner shall deliver to CHGE RG&E a monthly progress report, substantially in the form set forth in Exhibit G (“Construction Report”), describing its progress in relation to the Milestone Schedule, including projected time to completion of any milestones. Owner shall include in any Construction Report a list of all letters, notices, applications, approvals, authorizations, and filings referring or relating to Permits. In addition, Owner shall advise CHGERG&E, as soon as reasonably practicable, of any problems or issues of which Owner is aware that could materially impact its ability to meet the Milestone Schedule. Critical Path Milestones. Owner shall achieve each Critical Path Milestone and shall provide CHGE RG&E with evidence, reasonably satisfactory to CHGERG&E, of such achievement on or before the applicable deadline specified below. Critical Path Milestone Deadline to achieve Critical Path Milestone File for all material Permits for the Project needed to meet the Contract Capacity Execution of agreement and payment of fee to perform a System Reliability Impact Study (“SRIS”) Receive a completed SRIS Study (or equivalent) accepted by NYISO Operating Committee sufficient to meet the Contract Capacity of the Project Execution of Facilities Study Agreement and payment of fee to join Class Year Interconnection Facilities Study Execute the Interconnection Agreement with Transmission Owner that is suitable to interconnect the Project and ensure deliverability of Contract Capacity Execute purchase order for the energy storage system, inverter(s), and transformer(s) {CHGE RG&E Note: To Be Determined Major Equipment} needed to construct the Project at a size sufficient to achieve the Contract Capacity and other performance requirements specified in this Agreement Obtain all material Permits for the Project needed to meet the Contract Capacity Achieve Substantial Completion If Owner fails to achieve a Critical Path Milestone on or before the applicable deadline Owner may cure such failure; provided, that Within ten (10) Business Days after any such failure (other than the failure to achieve Substantial Completion by the Substantial Completion Deadline, which shall be governed by the notice requirements set forth in Section 2.5), Owner either (i) completes the Critical Path Milestone or (ii) submits to CHGE RG&E (A) a written description of the reason for the failure, (B) the date Owner expects it will achieve completion of the missed Critical Path Milestone (“CP Milestone Extension Date”), and (C) a written recovery plan for completing all necessary work to achieve completion of the missed Critical Path Milestone, the remaining Critical Path Milestones, and Commercial Operation by the Guaranteed Commercial Operation Deadline (the “Recovery Plan”). The Recovery Plan shall also include an updated Milestone Schedule with revised dates for each remaining Critical Path Milestone, which updated Milestone Schedule shall be subject to acceptance by CHGERG&E, in its reasonable discretion. Owner shall commence the work contemplated by the Recovery Plan within five (5) Calendar Days after submitting such Recovery Plan to CHGE. RG&E. Owner shall be solely responsible for any costs or expenses incurred by Owner as a result of the formulation and implementation of the Recovery Plan. If Owner fails in any material respect, as reasonably determined by CHGERG&E, to: (i) meet the requirements of the Recovery Plan; (ii) make sufficient progress in effecting the Recovery Plan; or (iii) achieve completion of the missed Critical Path Milestone by the CP Milestone Extension Date, such failure shall constitute a failure to meet a Critical Path Milestone and be subject to the requirements of this Section 4.6. Nothing in this Section 4.6 shall be construed to: (x) relieve Owner of its obligations under this Agreement; (y) modify the deadlines for achieving the remaining Critical Path Milestones (except for any update to the Milestone Schedule pursuant to this Section 4.6 and the missed Critical Path Milestone that Owner is attempting to cure under this Section 4.6); or (z) relieve Owner of its obligations to achieve Substantial Completion by the Substantial Completion Deadline and Commercial Operation by the Guaranteed Commercial Operation Deadline.

Milestone Schedule; Monthly Construction Report. Owner shall use reasonable efforts during the construction period to meet the various Project related milestones set forth in Exhibit F (“Milestone Schedule”) and avoid or minimize any delays in meeting such Milestone Schedule. No later than the tenth (10th) Calendar Day of each month while the Project has not yet achieved Commercial Operation, or within five (5) Calendar Days after CHGENYSEG’s request, Owner shall deliver to CHGE NYSEG a monthly progress report, substantially in the form set forth in Exhibit G (“Construction Report”), describing its progress in relation to the Milestone Schedule, including projected time to completion of any milestones. Owner shall include in any Construction Report a list of all letters, notices, applications, approvals, authorizations, and filings referring or relating to Permits. In addition, Owner shall advise CHGENYSEG, as soon as reasonably practicable, of any problems or issues of which Owner is aware that could materially impact its ability to meet the Milestone Schedule. Critical Path Milestones. Owner shall achieve each Critical Path Milestone and shall provide CHGE NYSEG with evidence, reasonably satisfactory to CHGENYSEG, of such achievement on or before the applicable deadline specified below. Critical Path Milestone Deadline to achieve Critical Path Milestone File for all material Permits for the Project needed to meet the Contract Capacity Execution of agreement and payment of fee to perform a System Reliability Impact Study (“SRIS”) Receive a completed SRIS Study (or equivalent) accepted by NYISO Operating Committee sufficient to meet the Contract Capacity of the Project Execution of Facilities Study Agreement and payment of fee to join Class Year Interconnection Facilities Study Execute the Interconnection Agreement with Transmission Owner that is suitable to interconnect the Project and ensure deliverability of Contract Capacity Execute purchase order for the energy storage system, inverter(s), and transformer(s) {CHGE NYSEG Note: To Be Determined Major Equipment} needed to construct the Project at a size sufficient to achieve the Contract Capacity and other performance requirements specified in this Agreement Obtain all material Permits for the Project needed to meet the Contract Capacity Achieve Substantial Completion If Owner fails to achieve a Critical Path Milestone on or before the applicable deadline Owner may cure such failure; provided, that Within ten (10) Business Days after any such failure (other than the failure to achieve Substantial Completion by the Substantial Completion Deadline, which shall be governed by the notice requirements set forth in Section 2.5), Owner either (i) completes the Critical Path Milestone or (ii) submits to CHGE NYSEG (A) a written description of the reason for the failure, (B) the date Owner expects it will achieve completion of the missed Critical Path Milestone (“CP Milestone Extension Date”), and (C) a written recovery plan for completing all necessary work to achieve completion of the missed Critical Path Milestone, the remaining Critical Path Milestones, and Commercial Operation by the Guaranteed Commercial Operation Deadline (the “Recovery Plan”). The Recovery Plan shall also include an updated Milestone Schedule with revised dates for each remaining Critical Path Milestone, which updated Milestone Schedule shall be subject to acceptance by CHGENYSEG, in its reasonable discretion. Owner shall commence the work contemplated by the Recovery Plan within five (5) Calendar Days after submitting such Recovery Plan to CHGENYSEG. Owner shall be solely responsible for any costs or expenses incurred by Owner as a result of the formulation and implementation of the Recovery Plan. If Owner fails in any material respect, as reasonably determined by CHGENYSEG, to: (i) meet the requirements of the Recovery Plan; (ii) make sufficient progress in effecting the Recovery Plan; or (iii) achieve completion of the missed Critical Path Milestone by the CP Milestone Extension Date, such failure shall constitute a failure to meet a Critical Path Milestone and be subject to the requirements of this Section 4.6. Nothing in this Section 4.6 shall be construed to: (x) relieve Owner of its obligations under this Agreement; (y) modify the deadlines for achieving the remaining Critical Path Milestones (except for any update to the Milestone Schedule pursuant to this Section 4.6 and the missed Critical Path Milestone that Owner is attempting to cure under this Section 4.6); or (z) relieve Owner of its obligations to achieve Substantial Completion by the Substantial Completion Deadline and Commercial Operation by the Guaranteed Commercial Operation Deadline.