Common use of No Obligation to Develop Clause in Contracts

No Obligation to Develop. The Applicant has no obligation to develop the Project and this Agreement does not require any Payments until after the Commercial Operation Date. Any test energy or other energy produced prior to the Commercial Operation date shall not trigger payment under this Agreement. It is understood that development of the Project by Applicant is contingent upon a number of factors including, but not limited to, regulatory approvals, availability and cost of equipment and financing, and demand for renewable energy and renewable energy credits. No election by the Applicant to terminate, defer, suspend or modify plans to develop the Project shall be deemed a default of Applicant under this Agreement.

Appears in 2 contracts

Samples: Solar Facility Siting Agreement, Solar Facility Siting Agreement

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No Obligation to Develop. The Applicant has no obligation to develop the Project and and, other than the requirement to make the Initial Payment, this Agreement does not require any Payments until after the Commercial Operation Date. Any test energy or other energy produced prior to the Commercial Operation date shall not trigger payment under this Agreementparagraph. It is understood that development of the Project by Applicant is contingent upon a number of factors including, but not limited to, regulatory approvals, availability and cost of equipment and financing, and demand for renewable energy and renewable energy credits. No election by the Applicant to terminate, defer, suspend or modify plans to develop the Project shall be deemed a default of Applicant under this Agreement.

Appears in 1 contract

Samples: Solar Facility Siting Agreement

No Obligation to Develop. The Applicant has no obligation to develop or construct the Project Project, and this Agreement does not require any Payments until after the Commercial Operation Date. Any test energy or other energy produced prior to the Commercial Operation date Date shall not trigger payment any Payments under this Agreement. It is understood that development of the Project by the Applicant is contingent upon a number of several factors including, but not limited to, regulatory approvals, availability and cost of equipment and financing, and market demand for renewable energy and renewable energy creditsthe Project’s energy. No election by the Applicant to terminate, defer, suspend suspend, or modify plans to develop the Project shall be deemed a default of the Applicant under this Agreement.

Appears in 1 contract

Samples: Solar Facility Siting Agreement

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No Obligation to Develop. The Applicant has no obligation to develop the Project and this Agreement does not require any Payments until after the Commercial Operation Date. Any test energy or other energy produced prior to the Commercial Operation date shall not trigger payment under this Agreementparagraph. It is understood that development of the Project by Applicant is contingent upon a number of factors including, but not limited to, regulatory approvals, availability and cost of equipment and financing, and demand for renewable energy and renewable energy credits. No election by the Applicant to terminate, defer, suspend or modify plans to develop the Project shall be deemed a default of Applicant under this Agreement.

Appears in 1 contract

Samples: Solar Facility Siting Agreement

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