Operation Period. 6.1 In respect of the Drawings, Documents and Safety Report received by the Third Party Inspector for its review and comments during the Operation Period, the provisions of Paragraph 4 shall apply, mutatis mutandis.
6.2 The Third Party Inspector shall review the annual Maintenance Programme furnished by the Developer and send its comments thereon to the JTDCL and the Developer within 7 (seven) days of receipt of the Maintenance Programme.
6.3 The Third Party Inspector shall review the quarterly status report furnished by the Developer and send its comments thereon to the JTDCL and the Developer within 7 (seven) days of receipt of such report.
6.4 The Third Party Inspector shall inspect the Project once every quarter, preferably after receipt of the quarterly status report from the Developer, but before the 20th (twentieth) day of the last month of each quarter in any case, and make out an O&M Inspection Report setting forth an overview of the status, quality and safety of O&M including its conformity with the Maintenance Requirements and Safety Requirements. In a separate section of the O&M Inspection Report, the Third Party Inspector shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the Project. The Third Party Inspector shall send a copy of its O&M Inspection Report to the JTDCL and the Developer within 7 (seven) days of the inspection.
6.5 The Third Party Inspector may inspect the Project more than once in a quarter, if any lapses, defects or deficiencies require such inspections.
6.6 The Third Party Inspector shall in its O&M Inspection Report specify the tests, if any, that the Developer shall carry out, or cause to be carried out, for the purpose of determining that the Project is in conformity with the Maintenance Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, taken by the Developer in this behalf.
6.7 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule 5, the Third Party Inspector shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit.
6.8 The Third Party Inspector shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Agreement, and shall ...
Operation Period. The Operation Period shall commence on the Effective Date and shall continue until the date that is the last day of the fiscal month of April 2022, which is, as of the Effective Date, May 8, 2022 (the “Initial Term”). Unless Retailers, acting collectively, shall provide written notice of non-extension to Bank or Bank shall provide written notice of non-extension to Retailers, in each case, at least twelve (12) months prior to the expiration of the Initial Term (or, where applicable, the expiration of any extension term) the Operation Period shall thereafter be extended automatically for successive 1-year periods, each of which shall expire on the date that is the last day of the fiscal month of Bank that is closest to the end of any such twelve (12) month extension period.
Operation Period. In respect of the Drawings and Documents received by the Independent Engineer for its review and comments during the Operation Period, the provisions of Paragraph 4 shall apply, mutatis mutandis.
Operation Period. The PERFORMING PARTY will perform the Subtasks below and operate the FACILITY at the SITE LOCATION for at least a three-year period, starting from the later of either the payment of the final request for reimbursement and release of claims or TCEQ’s written approval of the final implementation report. The PERFORMING PARTY will annually report to TCEQ on the status of FACILITY operation.
Operation Period. As a result of Change in Law, the compensation for any increase/decrease in revenues or cost to the Seller shall be determined and effective from such date, as decided by the Jammu and Kashmir State Electricity Regulatory Commission whose decision shall be final and binding on both the Parties, subject to rights of appeal provided under applicable Law. Provided that the above mentioned compensation shall be payable only if and for increase/ decrease in revenues or cost to the Seller is in excess of an amount equivalent to 1% of the Letter of Credit in aggregate for a Contract Year.
Operation Period. The operation period of Fuzhou Power Generation Company is 30 years, commencing from the date of issuance of the business license.
Operation Period. 3.1. In respect of the Drawings and Documents received by the Independent Expert for its review and comments during the Operation Period, the provisions of Paragraph 2 shall apply, mutatis mutandis.
3.2. The Independent Expert shall review the annual status report furnished by the Licensee and send its comments thereon to the Authority and the Licensee within [7 (seven)] days of receipt of such report.
3.3. The Independent Expert shall inspect the Project Components, at least once every year, preferably after receipt of the yearly status report for the relevant year from the Licensee, but before the [30th (thirtieth) day] after the close of each year in any case, and make out an Inspection Report setting forth an overview of the safety of operations and their conformity with the Maintenance Requirements and Safety Requirements. In a separate section of the 1 To be replaced with COD of relevant Phase, in case the Project is being developed in Phases. O&M Inspection Report, the Independent Expert shall describe in reasonable detail the lapses, defects or deficiencies observed by it in O&M of the Project Components. The Independent Expert shall send a copy of its O&M Inspection Report to the Authority and the Licensee within [7 (seven)] days of the inspection.
3.4. The Independent Expert may inspect the Project more than once a year.
3.5. The Independent Expert shall in its Inspection Report specify the tests, if any, that the Licensee shall carry out, or cause to be carried out, for the purpose of determining that the Project Components is in conformity with the Maintenance Requirements. It shall monitor and review the results of such tests and the remedial measures, if any, taken by the Licensee in this behalf.
3.6. In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-J, the Independent Expert shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit.
3.7. The Independent Expert shall determine if any delay has occurred in completion of repair or remedial works in accordance with the Agreement, and shall also determine the Damages, if any, payable by the Licensee to the Authority for such delay. The Independent Expert shall monitor and review the curing of defects and deficiencies by the Licensee as set f...
Operation Period. 4.1 Operator shall, at its expense, acquire, and maintain in effect, from the FERC and from any and all other federal, state and local agencies, commissions and authorities with jurisdiction over Operator and/or the Facility, all permits, licenses, and approvals, and complete or have completed all environmental impact studies necessary (a) for the construction, operation and maintenance of the Facility and (b) for Operator to perform its obligations under this Agreement. In addition Operator shall, at its expense, acquire from the FERC, certification as a Qualifying Facility and shall operate and maintain the Facility in a manner consistent with the minimum requirements for such certification in effect at the Commercial Operations Date: except, however that if the Operator's steam host should discontinue its purchases of steam from Operator, Operator shall use its best efforts to acquire another host which would cause compliance with the requirements for QF certification. If Operator, for any reason, loses its QF certification, Operator agrees to obtain approval of any state or federal agencies needed for this Agreement to continue in effect if it is deemed a wholesale electric contract (for example under Section 205 of the Federal Power Act). If such approval is not obtained within twelve (12) months of the Facility's loss of QF certification then North Carolina Power may terminate this Agreement.
4.2 Operator shall submit for North Carolina Power's review its construction schedule thirty (30) Days prior to starting Facility construction and a start-up and test schedule for the Facility thirty (30) Days prior to start-up and testing of new Facilities. Operator shall submit progress reports in a form reasonably satisfactory to North Carolina Power on the first Day of every Month until the Initial Synchronization Date and notify North Carolina Power of any changes to such schedules in a timely manner. North Carolina Power shall have the right to monitor the construction, start-up and testing of the Facility and Operator shall comply with all reasonable requests of North Carolina Power resulting therefrom. Operator shall cooperate in such physical inspections of the Facility as may be reasonably required by North Carolina Power during and after completion of construction. North Carolina Power's technical review and inspection of the Facility shall not be construed as endorsing the design thereof nor as any warranty of the safety, durability or reliability of...
Operation Period. 5.1 During the period starting from COD till the end of the Agreement Period, the Independent Engineer shall review the report submitted by Project Company in order to determine the conformity of the Project with the Operational requirements as per Schedule E and shall report to the Authority if it is found that the Operational requirements have not been fulfilled.
5.2 After receiving of the report submitted the Project Company, Independent Engineer shall be required to assess if there has been Captive Consumption in the Project during the financial year for which the report has been submitted. In case, Captive Consumption is found, it shall be the duty of Independent Engineer to inform GOI and PMC about the assessment. The Independent Engineer shall also inform Project Company about the assessment.
5.3 The Independent Engineer shall be required to visit the Project Site at least once every three months starting from COD during the entire Agreement Period, in order to collect information on the condition of the Project Facility, equipments and machinery. The information shall have to be presented by Independent Engineer to PMC.
5.4 Upon request by PMC or GOI, Independent Engineer may be required to conduct investigations on matters relating to this Agreement which shall include visits to the Project Site, examining the accounts and financial reports of the Project Company, conducting tests on equipments, machinery installed as a part of Project Assets.
Operation Period. 8.7.1 Developer shall be responsible for the operation and maintenance of the Project Facility at its cost and shall provide a high level of service to its guests in accordance with specifications, standards and instructions of the Authority, if any.
8.7.2 Developer, at its cost during the subsistence of this Agreement, would obtain all requisite licenses/permission for operating the Project Facility, it being understood that the licenses/permissions and all deposits or securities given or provided in relation thereto by the Developer shall always be the property of the Authority and Developer shall have no right or lien or claim to on the same, even if Developer’s name is endorsed or mentioned in the license or permission as manager or Developer of the Project Facility or otherwise;
8.7.3 Developer shall not cause, permit or suffer any use of the Project Facility or any part thereof for any other purpose other than that authorised by the Authority.
8.7.4 Developer shall protect and promote the image, status and stated aims of the Authority.
8.7.5 Developer shall be allowed to put up its sign board on the main entrance of the Project Facility clearly specifying the following in addition to the name and logo of the Developer:
8.7.6 Developer shall maintain the Project Facility in proper cleanliness and hygienic surroundings and in accordance with terms and conditions set forth in this Agreement;
8.7.7 Developer shall not store any goods not permitted by Applicable Law including hazardous, explosive, flammable or combustible in nature that may cause risk by fire, explosion or goods/material which on account of their weight or nature may cause damage or endanger the safety of the Project Facility and/or Project Asset and or its inhabitants;
8.7.8 The Developer will not at any time do, cause or permit any nuisance in or around the Property and Project Facility and/or Project Asset or anything which shall cause unnecessary annoyance, inconvenience or disturbance to the occupiers of any other property;
8.7.9 Developer shall at its own cost and expenses pay:
a. All heat, light and power expenses including air-conditioning costs;
b. All costs and expenses of the management and operation of the Project Facility;
c. All expenses for the internal upkeep and maintenance of the Project Facility including but not limited to painting, polishing, sanitary, plumbing, electric maintenance, as well as repairs and replacements;
d. The Developer shall pay all taxes including G...
