Common use of Preliminary Requirements Clause in Contracts

Preliminary Requirements. (i) Prior to the execution of the Power Purchase Agreement, the Seller must comply with the Design Phase Insurance Requirements included in Exhibit 7. (ii) Seller must comply with all requirements set forth in Exhibit 11 [Engineering & Construction Requirements]. Within two months of the Effective Date: 1. Seller shall execute the Site License for each site substantially in the form in which it has been authorized and drafted by the Buyer; 2. Seller shall notify the Buyer in writing of the Expected Commercial Operation Date. Such Expected Commercial Operation Date shall be no later than the earlier of (1) the applicable Generating Facility’s CSI Reservation Expiration deadline including approved extensions and (2) fifteen (15) months from the Effective Date; 3. Seller shall provide Buyer with a project plan and milestone schedule for approval such that the Expected Commercial Operation date may be achieved and that all design standards specified in the Agreement are met or exceeded. This project plan shall be subject to approval by the Buyer and may be amended by Buyer. Seller shall create a revised project plan upon Buyer’s request. (iii) Within six (6) calendar months from the Effective Date: 1. Seller must have submitted to Buyer for approval the final 100% detailed engineering drawings and specifications for the Generating Facilities. 2. Seller must have obtained a financing commitment for construction of the System and submitted satisfactory proof thereof to the Buyer. If the financing commitment is conditioned on any assignment to the Lender of an interest in this Agreement or the Right of Access(es), Seller shall also submit satisfactory proof to Buyer that the assignee meets all requirements of this Agreement, and agrees to comply, without modification, with the terms and condition of this Agreement and the Site Right of Accesses. (iv) Within the earlier of the CSI Reservation Expiration date including approved extensions or fifteen (15) calendar months from the Effective Date, Seller must have obtained from the Transmission Provider Permission to Operate (PTO) Letter for each Site.

Preliminary Requirements. (i) Prior to the execution of the Power Purchase Agreement, the Seller must comply with the Insurance Requirements for design phase included as B-3A [Design Phase Insurance Requirements included Insuranec Requirements] in Exhibit 7PPA. (ii) Seller must comply with all requirements set forth in Exhibit 11 Attachment 5 [Engineering & Construction Requirements]. . (iii) Within two months of the Effective Dateeffective date: 1. Seller must have provided Buyer with an inspection and a structural engineering report (i.e. stamped PE report) that verifies the load bearing capacity and suitability of each of the project sites for the construction, installation, and ongoing operation of the Generating Facilities; and, based on such inspection and report, Seller must have provided written notices to Buyer that the Site(s) is/are adequate for purposes of proceeding with construction of the Generating Facilities (“Notice(s) of Site Acceptance.”) 2. Seller shall execute the Site License [LEASE/LICENSE Agreement for each site site] substantially in the form in which it has been authorized and drafted by the Buyer; 2. Seller shall notify the Buyer in writing of the Expected Commercial Operation Date. Such Expected Commercial Operation Date shall be no later than the earlier of (1) the applicable Generating Facility’s CSI Reservation Expiration deadline including approved extensions and (2) fifteen (15) months from the Effective Date; 3. Seller shall provide Buyer with a project plan and milestone schedule for approval such that the Expected Commercial Operation date may be achieved and that all design standards specified in the Agreement are met or exceeded. This project plan shall be subject to approval by the Buyer and may be amended by Buyer. Seller shall create a revised project plan upon Buyer’s request. (iii) Within six (6) calendar months from the Effective Date: 1. Seller must have submitted to Buyer for approval the final 100% detailed engineering drawings and specifications for the Generating Facilities. 2. Seller must have obtained a financing commitment for construction of the System and submitted satisfactory proof thereof to the Buyer. If the financing commitment is conditioned on any assignment to the Lender of an interest in this Agreement or the Right of Access(esLease(s), Seller shall also submit satisfactory proof to Buyer that the assignee meets all requirements of this Agreement, and agrees to comply, without modification, with the terms and condition of this Agreement and the Site Right Leases/Licenses. 4. Seller shall notify the Buyer in writing of Accessesthe Expected Commercial Operation Date. Such Expected Commercial Operation Date shall be no later than fifteen (15) months from the Effective Date; 5. Seller shall provide Buyer with a project plan and milestone schedule for approval such that the Effective Commercial Operation date may be achieved and that all design standards specified in the Agreement are met or exceeded. This project plan shall be subject to approval by the Buyer and may be amended by Xxxxx. Seller shall create a revised project plan upon Xxxxx’s request. 6. Seller shall provide Buyer proof of all insurance coverage required by Buyer. (iv) Within four (4) calendar months from the earlier Effective Date: 1. Seller must secure pre-certification for the System as an ERR (for purposes of the CSI Reservation Expiration date including approved extensions or fifteen RPS legislation) from the California Resources, Conservation and Development Commission (15"CEC") and present proof of same to the Buyer. 2. Seller must have obtained approval from the Buyer of the final 100% detailed engineering drawings and specifications for the Generating Facilities. Seller must submit 65% and final 100% detailed engineering drawings and specifications for the Generating Facilities to Buyer for approval no later than two months and three months, respectively from the Effective Date. 3. Seller must have obtained from the Transmission Provider the final reports for the studies needed in order for the Transmission Provider to tender to the Seller an Interconnection Agreement. 4. Seller must have obtained approval from the Transmission Provider the final 100% detailed engineering drawings for the Interconnection Facilities. (v) Within six (6) calendar months from the Effective Date, Seller must have obtained from the Transmission Provider Permission to Operate (PTO) Letter an Interconnection Agreement for each Site.

Preliminary Requirements. (i) Prior to the execution of the Power Purchase Agreement, the Seller must comply with the Design Phase Insurance Requirements included in Exhibit 7. (ii) Seller must comply with all requirements set forth in Exhibit 11 [Engineering & Design and Construction Requirements]. . (iii) Within two months of the Effective Date: 1. Seller shall execute the Site License for each site substantially in the form in which it has been authorized and drafted by the Buyer; 2. Seller shall notify the Buyer in writing of the Expected Commercial Operation Date. Such Expected Commercial Operation Date shall be no later than the earlier of (1) the applicable Generating Facility’s CSI Reservation Expiration deadline date including approved extensions and (2) fifteen (15) months from the Effective Date; 3. Seller shall provide Buyer with a project plan and milestone schedule for approval such that the Expected Commercial Operation date may be achieved and that all design standards specified in the Agreement are met or exceeded. This project plan shall be subject to approval by the Buyer and may be amended by Buyer. Seller shall create a revised project plan upon Buyer’s request. (iiiiv) Within six (6) calendar months from the Effective Date: 1. Seller must have submitted to Buyer for approval the final 100% detailed engineering drawings and specifications for the Generating Facilities. 2. Seller must have obtained a financing commitment for construction of the System Generating Facilities and submitted satisfactory proof thereof to the Buyer. If the financing commitment is conditioned on any assignment to the Lender of an interest in this Agreement or the Right of Access(esSite License(s), Seller shall also submit satisfactory proof to Buyer that the assignee meets all requirements of this Agreement, and agrees to comply, without modification, with the terms and condition of this Agreement and the Site Right of AccessesLicenses. (iv) Within the earlier of the CSI Reservation Expiration date including approved extensions or fifteen (15) calendar months from the Effective Date, Seller must have obtained from the Transmission Provider Permission to Operate (PTO) Letter for each Site.

Preliminary Requirements. (i) Prior to the execution of the Power Purchase Agreement, the Seller must comply with the Design Phase Insurance Requirements included in Exhibit 7. (ii) Seller must comply with all requirements set forth in Exhibit 11 5 [Engineering & Construction Requirements]. . (ii) Within two months of sixty (60) days from the Effective Date: 1. Seller shall execute the Site License for each site substantially in the form in which it has been authorized and drafted by the Buyer; 2. Seller X. Xxxxxx shall notify the Buyer in writing of the Expected Commercial Operation Date. Such Expected Commercial Operation Date shall be no later than the earlier of (1) the applicable Generating Facility’s CSI Reservation Expiration utility reservation deadline including approved extensions and (2) fifteen (15) months from date if such a date exists or 365 days after the Effective Date;. 3. Seller B. Each Party shall provide Buyer with a project plan and milestone schedule for approval such furnish to the other current certificates evidencing that the Expected Commercial Operation date may be achieved and that all design standards specified in the insurance coverage required under this Agreement are met or exceeded. This project plan shall be subject to approval by the Buyer and may be amended by Buyer. Seller shall create a revised project plan upon Buyer’s requestis being maintained. (iii) Within six ninety (690) calendar months days from the Effective Date, Seller must submit 65% engineering drawings and specifications for the Generating Facilities to Buyer for approval from the Buyer, which shall not be unreasonably withheld, conditioned or delayed (iv) Within ninety (90) days from the Effective Date: 1. X. Xxxxxx must have obtained a financing commitment for construction of each applicable Generating Facility and submitted a signed term sheet as satisfactory proof of such financing commitment to the Buyer. (v) Within one hundred and fifty days from the effective date: A. Seller must have submitted to Buyer for obtained approval from the Buyer, which shall not be unreasonably withheld, conditioned or delayed, of the final 100% detailed engineering drawings and specifications for the Generating Facilities. 2. B. Seller must provide a cost estimate for the decommissioning of the system at the time of its removal. (vi) One hundred and eighty (180) days after the Effective Date for the applicable Generating Facility: A. Seller must have obtained a financing commitment all necessary environmental approvals or permits for the applicable Generating Facility before construction of the System and submitted satisfactory proof thereof to the Buyer. If the financing commitment is conditioned on any assignment to the Lender of an interest in this Agreement or the Right of Access(es), Seller shall also submit satisfactory proof to Buyer that the assignee meets all requirements of this Agreement, and agrees to comply, without modification, with the terms and condition of this Agreement and the Site Right of Accessesbegins. (iv) Within the earlier of the CSI Reservation Expiration date including approved extensions or fifteen (15) calendar months from the Effective Date, Seller must have obtained from the Transmission Provider Permission to Operate (PTO) Letter for each Site.

Preliminary Requirements. (i) Prior to the execution of the Power Purchase AgreementAgreement by Buyer, Seller has delivered insurance certificates or other evidence reasonably satisfactory to Buyer that it has obtained the Seller must comply with insurance required under the Design Phase heading "Seller's Insurance" in the Insurance Requirements included set forth in Exhibit 77 [Insurance and Bonding Requirements]. (ii) Seller must comply with all requirements set forth in Exhibit 11 [Engineering & Construction Requirements]. Within two months of 180 days after the Effective Date: 1. Seller shall execute the Site License for each site substantially in the form in which it has been authorized and drafted by the Buyer; 2. Seller shall notify the Buyer in writing of the Expected Commercial Operation Date. Such Expected Commercial Operation Date shall be no later than the earlier of (1) the applicable Generating Facility’s CSI Reservation Expiration deadline including approved extensions and (2) fifteen (15) months from the Effective Date; 3. : Seller shall provide Buyer documentation by state licensed structural engineer that verifies the load bearing capacity and suitability of each of the buildings on the Project Site, if applicable, for the construction, installation, and ongoing operation of the Generating Facilities; and, based on such documentation, Seller's written notice to Buyer confirming that each Project Site is adequate for purposes of proceeding with construction of the Generating Facilities (“Notice of Project Site Acceptance”). Seller must have obtained a project plan financing commitment for construction of the PV System and submitted satisfactory proof thereof to the Buyer. Attached hereto as Exhibit 8 is a milestone schedule ("Project Schedule") for approval the construction and installation of the Project such that the Expected PV System Commercial Operation date Date may be achieved and that all design standards specified in the Agreement are met or exceeded, including the Expected PV System Commercial Operation Date. This project plan shall be subject to approval by During the Buyer and may be amended by Buyer. initial 180-day period, Seller shall create provide Buyer for its reasonable approval with any modifications to the Project Schedule for approval. Notwithstanding the foregoing, in no event will Buyer be obligated to agree to changes to the Project Schedule that would (a) provide for a revised project plan upon Buyer’s requesttime period between Project Site Commercial Operation Date for the first Project Site and the last Project Site to achieve Project Site Commercial Operation of greater than six (6) months) and (b) permit the Expected PV System Commercial Operation Date be later than December 31, 2011. (iii) Within six the deadlines set forth in the Project Schedule (6as the same may be modified in accordance with Section 3.5(a)(ii)(3) calendar months from the Effective Date:above): 1. Seller must have submitted submit final 100% detailed engineering drawings and specifications for the Generating Facilities to Buyer for approval. Seller must have obtained approval from the Buyer of the final 100% detailed engineering drawings and specifications for the Generating Facilities. 2Facilities (such approved drawings, the "Final Plans"). Seller must have obtained a financing commitment from the Distribution Provider the final reports for construction of the System and submitted satisfactory proof thereof studies needed in order for the Distribution Provider to tender to the BuyerSeller an Interconnection Agreement. If Seller must have obtained approval from the financing commitment is conditioned on any assignment to Distribution Provider the Lender of an interest in this Agreement or final 100% detailed engineering drawings for the Right of Access(es), Seller shall also submit satisfactory proof to Buyer that the assignee meets all requirements of this Agreement, and agrees to comply, without modification, with the terms and condition of this Agreement and the Site Right of Accesses. (iv) Interconnection Facilities. Within the earlier of the CSI Reservation Expiration date including approved extensions or fifteen (15) 180 calendar months days from the Effective Date, Seller must have obtained from the Transmission Distribution Provider Permission to Operate (PTO) Letter an Interconnection Agreement for each Project Site.

Preliminary Requirements. (i) Prior to the execution of the Power Purchase Agreement, the Seller must comply with the Insurance Requirements for design phase included as B-3A [Design Phase Insurance Requirements included Insuranec Requirements] in Exhibit 7. (ii) PPA. Seller must comply with all requirements set forth in Exhibit 11 Attachment 5 [Engineering & Construction Requirements]. Within two months of the Effective Date: 1. effective date: Seller must have provided Buyer with an inspection and a structural engineering report (i.e. stamped PE report) that verifies the load bearing capacity and suitability of each of the project sites for the construction, installation, and ongoing operation of the Generating Facilities; and, based on such inspection and report, Seller must have provided written notices to Buyer that the Site(s) is/are adequate for purposes of proceeding with construction of the Generating Facilities (“Notice(s) of Site Acceptance.”) Seller shall execute the Site License [LEASE/LICENSE Agreement for each site site] substantially in the form in which it has been authorized and drafted by the Buyer; 2. Seller shall notify the Buyer in writing of the Expected Commercial Operation Date. Such Expected Commercial Operation Date shall be no later than the earlier of (1) the applicable Generating Facility’s CSI Reservation Expiration deadline including approved extensions and (2) fifteen (15) months from the Effective Date; 3. Seller shall provide Buyer with a project plan and milestone schedule for approval such that the Expected Commercial Operation date may be achieved and that all design standards specified in the Agreement are met or exceeded. This project plan shall be subject to approval by the Buyer and may be amended by Buyer. Seller shall create a revised project plan upon Buyer’s request. (iii) Within six (6) calendar months from the Effective Date: 1. Seller must have submitted to Buyer for approval the final 100% detailed engineering drawings and specifications for the Generating Facilities. 2. ; Seller must have obtained a financing commitment for construction of the System and submitted satisfactory proof thereof to the Buyer. If the financing commitment is conditioned on any assignment to the Lender of an interest in this Agreement or the Right of Access(esLease(s), Seller shall also submit satisfactory proof to Buyer that the assignee meets all requirements of this Agreement, and agrees to comply, without modification, with the terms and condition of this Agreement and the Site Right of Accesses. (iv) Within Leases/Licenses. Seller shall notify the earlier Buyer in writing of the CSI Reservation Expiration date including approved extensions or Expected Commercial Operation Date. Such Expected Commercial Operation Date shall be no later than fifteen (15) months from the Effective Date; Seller shall provide Buyer with a project plan and milestone schedule for approval such that the Effective Commercial Operation date may be achieved and that all design standards specified in the Agreement are met or exceeded. This project plan shall be subject to approval by the Buyer and may be amended by Xxxxx. Seller shall create a revised project plan upon Xxxxx’s request. Seller shall provide Buyer proof of all insurance coverage required by Buyer. Within four (4) calendar months from the Effective Date: Seller must secure pre-certification for the System as an ERR (for purposes of the RPS legislation) from the California Resources, Conservation and Development Commission ("CEC") and present proof of same to the Buyer. Seller must have obtained approval from the Buyer of the final 100% detailed engineering drawings and specifications for the Generating Facilities. Seller must submit 65% and final 100% detailed engineering drawings and specifications for the Generating Facilities to Buyer for approval no later than two months and three months, respectively from the Effective Date. Seller must have obtained from the Transmission Provider the final reports for the studies needed in order for the Transmission Provider to tender to the Seller an Interconnection Agreement. Seller must have obtained approval from the Transmission Provider the final 100% detailed engineering drawings for the Interconnection Facilities. Within six (6) calendar months from the Effective Date, Seller must have obtained from the Transmission Provider Permission to Operate (PTO) Letter an Interconnection Agreement for each Site. Failure to Complete the Preliminary Requirements by the deadline: If Seller fails to complete the Preliminary Requirements in conformance with the timeline above, Buyer may terminate this Agreement without penalty, liability or expense of any kind to Buyer by providing to Seller a written notice of termination after the deadline for completion of the Preliminary Requirements. The Buyer may extend deadlines at its option.