Common use of NTP Request and Notice to Proceed Clause in Contracts

NTP Request and Notice to Proceed. Upon full satisfaction of the conditions set forth below (“Seller’s Conditions”), Seller shall submit a NTP Request to TVA that incorporates all necessary documentation and materials that demonstrate compliance with each of Seller’s Conditions. If a NTP Request is not delivered to TVA within twelve (12) Months after the Effective Date of this Agreement, then TVA has the right, in its sole discretion, to terminate this Agreement, in which event neither Party shall have any further obligation or financial liability to the other Party as a result of such termination, except for any amounts accrued and owed by Seller to TVA upon the date of termination. Seller’s Conditions are: (a) Demonstration to TVA of Project financing arrangements or application therefore. (b) Receipt of, or application for, any applicable permits for the Project’s construction. (c) Execution of any necessary Interconnection Agreements or other necessary documentation between Seller and either TVA or Local Power Company, as applicable; or confirmation that any necessary interconnection requirements have been satisfied. (d) Execution of any necessary metering agreements with TVA and/or the Local Power Company for the installation, operation, maintenance, and reading of the Metering Equipment. (e) Receipt from TVA of any necessary executed transmission service agreements including Network Integration Transmission Service Agreements and Network Operating Agreements with TVA and/or the Local Power Company for transmitting the Energy Output to TVA loads. (f) The determination by TVA that the Project is deemed to be environmentally acceptable and consistent with environmental analyses done for and contained in TVA’s environmental review and prepared in accordance with applicable requirements under Federal environmental laws and regulations. The determination of “environmentally acceptable” shall be at TVA’s sole discretion and shall take into account said applicable Federal environmental laws and regulations and shall mean that the location, operation, and maintenance of the Project and any associated facilities not result in unacceptable impacts inconsistent with the purposes, provisions, and requirements of applicable Federal, State, and local environmental laws and regulations. TVA, or a TVA-approved third party, shall perform such environmental review at Seller’s cost. (g) Submittal of additional Performance Assurance in the amount set forth in the Cover Sheet of this Agreement for the NTP Request. (h) Submittal of a single-line drawing, list of equipment (solar panels, inverters, etc.) and associated nameplate information. (i) Submittal of information regarding the installer of the Project and the installer’s NABCEP certification. Upon receipt of the NTP Request, TVA shall review the materials for adequacy, and, if TVA deems the NTP Request to be satisfactory, shall issue to Seller a Notice to Proceed. If TVA does not find the NTP Request to be satisfactory, TVA has the right, in its sole discretion, to terminate this Agreement and, upon termination, neither Party shall have any further obligation or financial liability to the other Party as a result of such termination, except for any amounts accrued and owed by Seller to TVA upon the date of termination.

NTP Request and Notice to Proceed. Upon full satisfaction of the conditions set forth below (“Seller’s Conditions”), Seller shall submit a NTP Request to TVA that incorporates all necessary documentation and materials that demonstrate compliance with each of Seller’s Conditions. If a NTP Request is not delivered to TVA within twelve (12) Months after the Effective Date of this AgreementAgreement (“NTP Deadline”), then TVA has the right, in its sole discretion, to terminate this Agreement, in which event neither Party shall have any further obligation or financial liability to the other Party as a result of such termination, except for any amounts accrued and owed by Seller to TVA upon the date of termination. Seller’s Conditions are: (a) Demonstration to TVA of Project external or internal financing arrangements or or, if applicable, application therefore. (b) Receipt of, or application for, any applicable the permits for the Project’s construction., as set forth on Exhibit H. (c) Execution of any necessary Interconnection Agreements or other necessary documentation between Seller and either TVA or Local Power CompanyDistributor, as applicable; or confirmation that any necessary interconnection requirements have been satisfied. (d) Execution of any necessary metering agreements with TVA and/or the Local Power Company Distributor for the installation, operation, maintenance, and reading of the Metering Equipment. (e) Receipt from TVA of any necessary executed transmission service agreements agreements, including Network Integration Transmission Service Agreements and Network Operating Agreements with TVA and/or the Local Power Company Distributor, for transmitting the Energy Output to TVA loads. (f) Completion of a solar resource survey indicating adequate solar resource for the production of the Minimum Energy Quantity. (g) The determination by TVA that the Project is deemed to be environmentally acceptable and consistent with environmental analyses done for and contained in TVA’s environmental review and prepared in accordance with applicable requirements under Federal environmental laws and regulations. The determination of “environmentally acceptable” shall be at TVA’s sole discretion and shall take into account said applicable Federal environmental laws and regulations and shall mean that the location, operation, and maintenance of the Project and any associated facilities not result in unacceptable impacts inconsistent with the purposes, provisions, and requirements of applicable Federal, State, and local environmental laws and regulations. TVA, or a TVA-approved third party, shall perform such environmental review at Seller’s cost. (gh) Submittal of additional Performance Assurance in the amount set forth in the Cover Sheet of this Agreement for the NTP Request. (hi) Submittal Execution of a single-line drawingany necessary Station Service Agreements or other necessary documentation between Seller and either TVA or Distributor, list of equipment (solar panels, inverters, etc.) and associated nameplate information.as applicable (ij) Submittal Execution of information regarding any necessary land or site control documentation with either the installer Department of the Project and the installer’s NABCEP certification. Navy or East Mississippi Electric Association Upon receipt of the NTP Request, TVA shall review the materials for adequacy, and, if TVA deems the NTP Request to be satisfactory, shall issue to Seller a Notice to Proceed. If TVA does not find the NTP Request to be satisfactory, TVA has the right, in its sole reasonable discretion, to terminate this Agreement and, upon Agreement; provided that TVA has provided Seller with written notice of its finding and Seller has failed to submit a satisfactory NTP request by the later of (i) sixty (60) days after receipt of written notice from TVA and (ii) the NTP Deadline. Upon termination, neither Party shall have any further obligation or financial liability to the other Party as a result of such termination, except for any amounts accrued and owed by Seller to TVA upon the date of termination.

NTP Request and Notice to Proceed. Upon full satisfaction of the conditions set forth below (“Seller’s Conditions”), Seller shall submit a NTP Request to TVA that incorporates all necessary documentation and materials that demonstrate compliance with each of Seller’s Conditions. If a NTP Request is not delivered to TVA within twelve (12) Months after the Effective Date of this Agreement, then TVA has the right, in its sole discretion, to terminate this Agreement, in which event neither Party shall have any further obligation or financial liability to the other Party as a result of such termination, except for any amounts accrued and owed by Seller to TVA upon the date of termination. Seller’s Conditions are: (a) Demonstration to TVA of Project financing arrangements or application therefore. (b) Receipt of, or application for, any applicable permits for the Project’s construction. (c) Execution of any necessary Interconnection Agreements or other necessary documentation between Seller and either TVA or Local Power CompanyDistributor, as applicable; or confirmation that any necessary interconnection requirements have been satisfied. (d) Execution of any necessary metering agreements with TVA and/or the Local Power Company Distributor for the installation, operation, maintenance, and reading of the Metering Equipment. (e) Receipt from TVA of any necessary executed transmission service agreements including Network Integration Transmission Service Agreements and Network Operating Agreements with TVA and/or the Local Power Company Distributor for transmitting the Energy Output to TVA loads. (f) Completion of a fuel resource survey indicating adequate fuel for the production of the Minimum Energy Quantity. (g) The determination by TVA that the Project is deemed to be environmentally acceptable and consistent with environmental analyses done for and contained in TVA’s environmental review and prepared in accordance with applicable requirements under Federal environmental laws and regulations. The determination of “environmentally acceptable” shall be at TVA’s sole discretion and shall take into account said applicable Federal environmental laws and regulations and shall mean that the location, operation, and maintenance of the Project and any associated facilities not result in unacceptable impacts inconsistent with the purposes, provisions, and requirements of applicable Federal, State, and local environmental laws and regulations. TVA, or a TVA-approved third party, shall perform such environmental review at Seller’s cost. (gh) Submittal of additional Performance Assurance in the amount set forth in the Cover Sheet of this Agreement for the NTP Request. (h) Submittal of a single-line drawing, list of equipment (solar panels, inverters, etc.) and associated nameplate information. (i) Submittal of information regarding the installer of the Project and the installer’s NABCEP certificationFor projects co-firing fifty percent (50%) or more Qualified Biomass, a fuel consumption heat content verification method approved by TVA. Upon receipt of the NTP Request, TVA shall review the materials for adequacy, and, if TVA deems the NTP Request to be satisfactory, shall issue to Seller a Notice to Proceed. If TVA does not find the NTP Request to be satisfactory, TVA has the right, in its sole discretion, to terminate this Agreement and, upon termination, neither Party shall have any further obligation or financial liability to the other Party as a result of such termination, except for any amounts accrued and owed by Seller to TVA upon the date of termination.