Common use of PRE-DELIVERY Clause in Contracts

PRE-DELIVERY. 5.1 The Company shall monitor in respect of a Flexible Unit the Provider’s progress in achieving the Service Period, Capability Parameters and Service Requirements as set out in Schedule Two prior to the start of each Delivery Season, by reference to the Post Tender Milestones in Schedule Three. The Provider shall provide to the Company by the PTM Date reasonable evidence of satisfaction of the Post Tender Milestones. 5.2 If the Company considers that the requirements of the Post Tender Milestones in respect to a Flexible Unit have not been satisfied and, in the Company’s reasonable opinion, there is no reasonable prospect of the Provider being capable of satisfying the Post Tender Milestones within two (2) months after the PTM Date, the Company may choose to remove the Flexible Unit from the Contract by written notice given to the Provider as soon as reasonably practicable after the PTM Date. The Flexible Unit may be re-added to the Contract at the Company’s discretion. 5.3 For the avoidance of doubt, any incorrect, wrong or inadvertent declaration given by the Provider in attesting to the achievement of any Post Tender Milestones (where applicable) shall constitute a material breach of the terms of this Contract and, in such event, the provisions of Clause 30 shall apply. 5.4 The Provider shall undertake and pass the Proving Test in relation to the Flexible Unit in accordance with Clause 7 at least one (1) month (or as otherwise agreed by the Company) before the start of the first Delivery Season, and prior to each Delivery Season thereafter, or when no Delivery Season is specified in Schedule Two, on notification to the Provider by the Company. 5.5 The Provider shall ensure that all Facilities in relation to the Flexible Unit required to deliver Flexibility Services in accordance with Schedule Two are notified to the Company at least four (4) months before the start of the Delivery Season through the Allocation Process set out in Schedule Four. Where the Provider fails to notify the Company, the Company shall consider the Provider to have declared that no additional Facilities shall be allocated. 5.6 The Provider shall ensure that all Facilities required to deliver Flexibility Services in accordance with Schedule Two, are ready to provide Flexibility Services by the start of the relevant Delivery Season, but (where relevant) no later than the date of a Proving Test pursuant to Clause 5.4. 5.7 Where the Company determines that the Provider in respect of a Flexible Unit is unable to deliver Flexibility Services in accordance with Schedule Two by the start of the relevant Delivery Season, and in its reasonable opinion there is no reasonable prospect that the Provider will be able to deliver within one month following the start of the Delivery Season, then the Company shall be entitled to remove the Flexible Unit from the Contract automatically on written notice.