PacifiCorp’s Right to Monitor. Seller will provide monthly updates to PacifiCorp concerning the construction schedule and progress of Seller regarding the acquisition, design, major equipment procurement and site delivery, financing, engineering, construction, installation, start-up and testing of the Facility, including any significant developments or delays in achieving Commercial Operation by the Scheduled Commercial Operation Date. PacifiCorp, at its own expense, shall have the right to monitor the construction, installation, start-up and testing of the Facility for compliance with this Agreement; provided, that PacifiCorp shall schedule any visit to the Premises in advance with Seller and PacifiCorp shall comply with Seller’s reasonable written health, safety and security requirements provided to PacifiCorp. Notwithstanding anything to the contrary contained herein, nothing in this Agreement will be construed to require PacifiCorp to monitor Seller’s development, design, engineering, construction, installation, start-up and testing of the Facility or to review, comment on, or approve any contract between Seller and another Person, and PacifiCorp shall have no liability to Seller for failing to advise it of any condition, damage, circumstance, infraction, fact, act, omission or disclosure discovered or not discovered by PacifiCorp or its Representatives with respect to the acquisition, design, financing, engineering, construction, installation, start-up and testing of the Facility.
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
