Owned Interconnection Facilities. Seller shall provide the necessary Governmental Approvals and Land Rights for the construction, ownership operation and maintenance of the Company-Owned Interconnection Facilities in accordance with Section 9 (Governmental Approvals for Company-Owned Interconnection Facilities) of Attachment G (Company-Owned Interconnection Facilities) and Section 10 (Land Rights) of Attachment G (Company-Owned Interconnection Facilities). Regardless of whether Company or Seller constructs the Company-Owned Interconnection Facilities, Seller shall provide Company with an accounting of all necessary Governmental Approvals (in a list or spreadsheet) at the commencement of construction including relevant information regarding status and estimated completion. Seller shall update Company on the status of all necessary Governmental Approvals, including the addition of any new Governmental Approvals that may be discovered and required, in Seller’s Monthly Progress Report submitted to Company in accordance with Section 11.2 (Monthly Progress Report). Notwithstanding the above, under no circumstance shall Seller commence any construction, operation or maintenance of the Company-Owned Interconnection Facilities, or require or permit Company to commence any such construction, without first obtaining the required, applicable Governmental Approvals and Land Rights. Seller shall bear complete responsibility for all delays in construction, operation and maintenance of the Company-Owned Interconnection Facilities resulting from Seller's failure to identify and/or timely obtain necessary Governmental Approvals and Land Rights for such Company-Owned Interconnection Facilities. CONSTRUCTION PERIOD AND MILESTONES Time is of the Essence. Time is of the essence of this Agreement, and Xxxxxx’s ability to timely achieve the Construction Milestones is critically important.
Appears in 6 contracts
Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement
Owned Interconnection Facilities. Seller shall provide the necessary Governmental Approvals and Land Rights for the construction, ownership operation and maintenance of the Company-Owned Interconnection Facilities in accordance with Section 9 (Governmental Approvals for Company-Owned Interconnection Facilities) of Attachment G (Company-Owned Interconnection Facilities) and Section 10 (Land Rights) of Attachment G (Company-Owned Interconnection Facilities). Regardless of whether Company or Seller constructs the Company-Owned Interconnection Facilities, Seller shall provide Company with an accounting of all necessary Governmental Approvals (in a list or spreadsheet) at the commencement of construction including relevant information regarding status and estimated completion. Seller shall update Company on the status of all necessary Governmental Approvals, including the addition of any new Governmental Approvals that may be discovered and required, in Seller’s Monthly Progress Report submitted to Company in accordance with Section 11.2 (Monthly Progress Report). Notwithstanding the above, under no circumstance shall Seller commence any construction, operation or maintenance of the Company-Owned Interconnection Facilities, or require or permit Company to commence any such construction, without first obtaining the required, applicable Governmental Approvals and Land Rights. Seller shall bear complete responsibility for all delays in construction, operation and maintenance of the Company-Owned Interconnection Facilities resulting from Seller's failure to identify and/or timely obtain necessary Governmental Approvals and Land Rights for such Company-Owned Interconnection Facilities. CONSTRUCTION PERIOD AND MILESTONES [COMPANY TO DECIDE, FOLLOWING COMPLETION OF IRS, IF ANY GUARANTEED PROJECT MILESTONES ARE NECESSARY IN ADDITION TO THOSE LISTED IN ATTACHMENT K AND, IF SO, WHAT ARE THE CONSEQUENCES OF MISSING SUCH OTHER GUARANTEED PROJECT MILESTONES.] Time is of the Essence. Time is of the essence of this Agreement, and XxxxxxSeller’s ability to timely achieve the Construction Milestones is critically important.
Appears in 1 contract
Owned Interconnection Facilities. Seller shall provide the necessary Governmental Approvals and Land Rights for the construction, ownership operation and maintenance of the Company-Owned Interconnection Facilities in accordance with Section 9 (Governmental Approvals for Company-Owned Interconnection Facilities) of Attachment G (Company-Owned Interconnection Facilities) and Section 10 (Land Rights) of Attachment G (Company-Owned Interconnection Facilities). Regardless of whether Company or Seller constructs the Company-Owned Interconnection Facilities, Seller shall provide Company with an accounting of all necessary Governmental Approvals (in a list or spreadsheet) at the commencement of construction including relevant information regarding status and estimated completion. Seller shall update Company on the status of all necessary Governmental Approvals, including the addition of any new Governmental Approvals that may be discovered and required, in Seller’s Monthly Progress Report submitted to Company in accordance with Section 11.2 (Monthly Progress Report). Notwithstanding the above, under no circumstance shall Seller commence any construction, operation or maintenance of the Company-Owned Interconnection Facilities, or require or permit Company to commence any such construction, without first obtaining the required, applicable Governmental Approvals and Land Rights. Seller shall bear complete responsibility for all delays in construction, operation and maintenance of the Company-Owned Interconnection Facilities resulting from Seller's failure to identify and/or timely obtain necessary Governmental Approvals and Land Rights for such Company-Owned Interconnection Facilities. CONSTRUCTION PERIOD AND MILESTONES [COMPANY TO DECIDE, FOLLOWING COMPLETION OF IRS, IF ANY GUARANTEED PROJECT MILESTONES ARE NECESSARY IN ADDITION TO THOSE LISTED IN ATTACHMENT K AND, IF SO, WHAT ARE THE CONSEQUENCES OF MISSING SUCH OTHER GUARANTEED PROJECT MILESTONES.] Time is of the Essence. Time is of the essence of this Agreement, and Xxxxxx’s ability to timely achieve the Construction Milestones is critically important.
Appears in 1 contract