Common use of Project Start-Up Clause in Contracts

Project Start-Up. (a) Contractor shall be responsible for the start-up and synchronization of the Facility with the transmission system of the Utility in accordance with Applicable Laws, Applicable Permits, Prudent Utility Practices, the Electrical Interconnection Requirements, the PPA Operating Requirements (to the extent applicable to start-up and synchronization) and the Instruction Manual. Contractor shall provide Owner and the Utility with at least fifty (50) days' prior written notice of the expected start-up, commissioning and testing of the Facility and shall keep Owner and the Utility duly advised of any changes in the expected dates. Contractor shall (1) no later than thirty (30) days prior to expected initial operation of the Facility in parallel with the Utility's system, provide as-built plans and specifications as reasonably acceptable to the Utility for the Electrical Interconnection Facilities (including Protective Apparatus), and (2) prior to interconnection and parallel operation of the Facility with the Utility's system, provide a written certification, in form and substance reasonably satisfactory to the Utility, from the licensed inspection agency or registered professional engineer engaged by Contractor prior to commencement of construction of the Electrical Interconnection Facilities and who is reasonably acceptable to the Utility, to the effect that the Electrical Interconnection Facilities (including the Protective Apparatus) have been inspected, are satisfactory and are in compliance with applicable Accepted Electrical Practices, in each case in accordance with the requirements of Section 7.5(a) of the Power Purchase Agreement. Contractor shall not commence any start-up or testing of the Facility for operation in parallel with the Utility system without the prior consent of the Utility pursuant to Section 7.5(b) of the Power Purchase Agreement; provided, however, that in the event that the Utility unreasonably withholds its consent to such operation despite the Facility and its Electrical Interconnection Facilities being consistent with the Electrical Interconnection Requirements, Prudent Utility Practices and the other standards of performance required hereunder (including without limitation Appendix A hereto), then, to the extent that Contractor was reasonably delayed in the performance of the Services as a direct result thereof, the provisions of Section 5.9 hereof shall apply.

Project Start-Up. (a) Contractor shall be responsible for the start-up and synchronization of the Facility with the transmission system of the Transmitting Utility in accordance with Applicable Laws, Applicable Permits, Prudent Utility Practices, the Electrical Interconnection Requirements, the PPA Operating Requirements (in the event and only to the extent applicable to start-up and synchronization) and the Instruction Manual. Contractor shall provide Owner Owner, the Independent Engineer and the Transmitting Utility with at least fifty (50) days' (or if a shorter period of time is reasonably necessary to maintain compliance with the Project Schedule, such shorter period of time as may be reasonably acceptable to Owner, the Independent Engineer and the Transmitting Utility) prior written notice of the expected start-up, commissioning and testing of the Facility and shall make all reasonable efforts to keep Owner Owner, the Independent Engineer and the Transmitting Utility duly advised of any changes in the expected dates. Contractor shall (1) no later than thirty (30) days (or if a shorter period of time is reasonably necessary to maintain compliance with the Project Schedule, such shorter period of time as may be reasonably acceptable to Owner, the Independent Engineer and the Transmitting Utility) prior to expected initial operation of the Facility in parallel with the Transmitting Utility's system, provide as-built record plans and specifications as reasonably acceptable to the Transmitting Utility for the Electrical Interconnection Facilities (including Protective Apparatus), and (2) prior to interconnection and parallel operation of the Facility with the Transmitting Utility's system, provide a written certification, in form and substance reasonably satisfactory to the Transmitting Utility, from the licensed inspection agency or registered professional engineer engaged by Contractor prior with respect to commencement of construction of the Electrical Interconnection Facilities and who is reasonably acceptable to the Transmitting Utility, to the effect that the Electrical Interconnection Facilities (including the Protective Apparatus) have been inspected, are satisfactory and are in compliance with applicable Accepted Electrical Practices, in each case in accordance with the requirements of Section 7.5(a) of the Power Purchase AgreementPPA Operating Requirements. Contractor shall not commence any start-up or testing of the Facility for operation in parallel with the Transmitting Utility system without the prior consent of the Transmitting Utility pursuant to Section 7.5(b) of the Power Purchase AgreementElectrical Interconnection Requirements and/or the PPA Operating Requirements; providedPROVIDED, howeverHOWEVER, that in the event that the Transmitting Utility unreasonably withholds or delays its consent to such operation despite the Facility and its Electrical Interconnection Facilities being consistent with the Electrical Interconnection Requirements, the PPA Operating Requirements, Prudent Utility Practices and the other standards of performance required hereunder (including without limitation Appendix A hereto), then, in the event and only to the extent that Contractor was reasonably delayed in the performance of the Services as a direct result thereofthereof despite Contractor's reasonable efforts to avoid or mitigate such delay, the provisions of Section 5.9 hereof shall apply. (b) Owner and, at Owner's request, the Transmitting Utility, the Financing Parties and the Independent Engineer shall be permitted to have their own or their designee's personnel on the Facility Site to observe and verify all synchronization procedures and Performance Tests. Subject to Section 2.3.1 hereof, Contractor shall, until the occurrence of Provisional Acceptance of the Facility, manage the operation of the Facility in the course of performing any start-up, commissioning and testing activities, in consultation with Owner and its operating personnel in a manner consistent with Applicable Laws, Applicable Permits, Prudent Utility Practices, the Electrical Interconnection Requirements (including any required approvals by the Transmitting Utility), the PPA Operating Requirements (in the event and only to the extent applicable to start-up, commissioning and testing activities) and the Instruction Manual.