Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.37 (b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), Seller has obtained, or will obtain on a timely basis, and will maintain as necessary, (i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”). (c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after Xxxxx’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) and
Appears in 2 contracts
Samples: Acquisition Agreement, Acquisition Agreement
Procurement of Permits.
(a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.39 39 NTD: No Permits are expected to be listed on Part I of Schedule 5.5.
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), if any, Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
, (i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”).Permits”).
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after Xxxxx’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) andand
Appears in 1 contract
Samples: Acquisition Agreement
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.34
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), if any, Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
, (i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”).
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after XxxxxBuyer’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in XxxxxBuyer’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting 34 NTD: No Permits will be listed on Part I of Schedule 5.5. between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) and
Appears in 1 contract
Samples: Acquisition Agreement
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.36
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), if any, Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
, (i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement repair of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”). In connection with the procurement of all such Project Work Permits and Project Operational Permits, Seller shall comply with the obligations of Seller set forth in Part II of Schedule 5.5.
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after XxxxxBuyer’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for 36 NTD: No Permits will be listed on Part I of Schedule 5.5. any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) andand (D) upon procuring (or receiving any amendment, supplement or other modification thereto) any Project Operational Permit, provide a complete and accurate copy thereof to Buyer. Buyer shall have ten (10) Business Days from the date such Project Operational Permit (including any amendment, supplement or other modification thereto) is provided to Buyer to review and approve each such Project Operational Permit procured by Seller pursuant to this Section 5.5. Certain additional rights and obligations of the Parties with respect to Permits are set forth in Section 20.5. All notices, communications, documents, and other information to be provided by Seller to Buyer pursuant to this Section 5.5(c) shall be provided to the Buyer Contract Manager.
(d) Buyer shall provide to Seller, reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on any application to a Governmental Authority by Buyer or any its Representatives concerning each Permit required to be obtained by Buyer pursuant to this Section 5.5 (including any application related to any supplement, amendment or modification of such Permit). Buyer shall consider in good faith timely comments from Seller with respect to each such application. In addition, Buyer shall (i) provide Seller with a complete and accurate copy of the application for each Permit (including the application for any supplement, amendment, revision, or other modification thereof) submitted by or for Buyer (unless Seller or any Affiliate thereof is a party to such document) promptly after the execution, filing, or submission thereof and (ii) notify Seller of any material development in the processing or treatment of such application promptly after Buyer obtains knowledge thereof.
Appears in 1 contract
Samples: Acquisition Agreement
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.38
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
(i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”).
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after Xxxxx’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) and
Appears in 1 contract
Samples: Acquisition Agreement
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.37
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
(i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement of the Project or the Project Assets in accordance with the Performance Standard, 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”).
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after Xxxxx’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) and
Appears in 1 contract
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.23
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), if any, Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
, (i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, servicing or replacement repair of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”). In connection with the procurement of all such Project Work Permits and Project Operational Permits, Seller shall comply with the obligations of Seller set forth in Part II of Schedule 5.5.
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational 23 NTD: No Permits will be listed on Part I of Schedule 5.5. Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, Permit and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after Xxxxx’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) and
Appears in 1 contract
Samples: Acquisition Agreement
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.35
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), if any, Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
, (i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement repair of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”).
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after XxxxxBuyer’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) andand (D) upon procuring (or receiving any amendment, supplement or other modification thereto) any Project Operational Permit, provide a complete and accurate copy thereof to Buyer. Buyer shall have ten (10) Business Days from the date such Project Operational Permit (including any amendment, supplement or other modification thereto) is provided to Buyer to review and approve each such Project Operational Permit procured by Seller pursuant to this 35 NTD: No Permits will be listed on Part I of Schedule 5.5.
Appears in 1 contract
Samples: Acquisition Agreement
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.38
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), if any, Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
, (i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement of the Project or the Project Assets in accordance with the 38 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”).
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after Xxxxx’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) and
Appears in 1 contract
Samples: Acquisition Agreement
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.39
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), if any, Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
, (i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”).
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after Xxxxx’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) and
Appears in 1 contract
Samples: Acquisition Agreement
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.36
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), if any, Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
, (i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”).
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after Xxxxx’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or 36 NTD: No Permits will be listed on Part I of Schedule 5.5. treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) and
Appears in 1 contract
Samples: Acquisition Agreement
Procurement of Permits. (a) Buyer has obtained, or will obtain on a timely basis, and will maintain as necessary, all Permits shown as its responsibility under this Agreement as listed in Part I of Schedule 5.5.375.5.36
(b) Other than the Permits (if any) for which Buyer is responsible pursuant to Section 5.5(a), Seller has obtained, or will obtain on a timely basis, and will maintain as necessary,
(i) all Permits required by Law for the lawful performance of the Work, including the Permits listed in Part I of Schedule 18.11 (collectively, but excluding any such Permits that are also Project 37 36 NTD: No Permits are expected to be listed on Part I of Schedule 5.5. Operational Permits, the “Project Work Permits”), and (ii) all Permits necessary or advisable for the commissioning, testing, ownership, possession, use, operation, maintenance, servicing, repair, or replacement of the Project or the Project Assets in accordance with the Performance Standard, including the Permits listed in Part II of Schedule 18.11 (collectively, the “Project Operational Permits”).
(c) Seller shall provide to Buyer (i) reasonably in advance of the time for submittal thereof, a reasonable opportunity to review and comment on each application to a Governmental Authority by Seller or any of its Representatives concerning a Project Operational Permit, including any application related to any supplement, amendment, revision, or other modification of any such Project Operational Permit, and (ii) reasonably in advance of Seller’s deadline for submitting any response or comments to a draft Project Operational Permit issued by a Governmental Authority, a reasonable opportunity to review and comment on such draft Project Operational Permit. Seller shall consider in good faith comments received from Buyer within fifteen (15) Business Days after Xxxxx’s receipt of such application with respect to any Project Operational Permit or such draft Project Operational Permit, as applicable. Buyer shall have the right to approve (in Xxxxx’s sole and absolute discretion) each application for any Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof) or any material submission related thereto prior to the submission thereof. In addition, and without limiting any other term of this Agreement, Seller shall (A) provide Buyer with a complete and accurate copy of the application for each Project Operational Permit (including the application for any supplement, amendment, revision, or modification thereof), any draft Project Operational Permit issued by a Governmental Authority and any material submission submitted by or for Seller (unless Buyer is a party to such document) promptly after the execution, filing, or submission thereof, (B) notify Buyer of any material development in the processing or treatment of such application or material submission promptly after Seller obtains knowledge thereof, (C) notify Buyer reasonably in advance of, and, to the extent permitted by Laws, allow Buyer and its respective Representatives to attend and participate in, any substantive meeting between or among Seller (or any Representative of Seller) and relevant Governmental Authorities and/or other third parties regarding the application for any Project Operational Permit required to be obtained by Seller pursuant to this Section 5.5 (including any application related to any supplement, amendment, revision, or modification of such Project Operational Permit) and
Appears in 1 contract
Samples: Acquisition Agreement
