Common use of Reporting Failures Clause in Contracts

Reporting Failures. In the event that at any time after the Effective Date Seller (a) fails to provide information expressly required by this Agreement to be reported to NYSERDA, or (b) fails to provide information reasonably requested by NYSERDA in connection with the matters contemplated by this Agreement, in either case within the time period required by this Agreement or if a time period is not specified in this Agreement, as otherwise reasonably required by NYSERDA but in no case earlier than ten (10) Business Days after request of NYSERDA in writing and, following written notice of such failure, Seller does not cure the failure within thirty (30) days (or such longer if such breach is not capable of being cured within such thirty (30) day period and Seller is diligently pursuing such cure), NYSERDA shall be permitted to draw from Seller’s Contract Security (or, if elected by Seller or if no Contract Security is in place, Seller shall pay NYSERDA) an amount equal to $10,000 per uncured failure to provide information; provided that the amount shall increase to $20,000 per uncured failure after the first three times this provision is triggered. The payments contemplated in this Section 6.07 for reporting failures are designed to help compensate NYSERDA for, among other things, the damages that result from the failure to timely submit information to NYSERDA and do not constitute a penalty payment. Seller may request a 15-day extension to any of its reporting deadlines to account for reporting delays outside of Seller’s control. Seller’s first such extension request will be deemed automatically approved, and subsequent requests will be approved or denied in NYSERDA’s sole discretion.

Reporting Failures. In the event that at any time after the Effective Date Seller (a) fails to provide information expressly required by this Agreement to be reported to NYSERDA, or (b) fails to provide information reasonably requested by NYSERDA in connection with the matters contemplated by this Agreement, in either case within the time period required by this Agreement or or, if a time period is not specified in this Agreement, as otherwise reasonably required by NYSERDA (but in no case earlier than ten (10) Business Days after a written request of NYSERDA in writing and, following written notice of such failure, from NYSERDA) and Seller does not cure the failure within thirty (30) days of receipt of written notice from NYSERDA of such failure (or such longer period if such breach failure is not capable of being cured within such thirty (30) day period and Seller is diligently pursuing such cure), NYSERDA shall be permitted to draw from Seller’s Contract Security (or, if elected by Seller or if no Contract Security is in place, Seller shall pay NYSERDA) an amount equal to ten thousand dollars ($10,000 10,000) per uncured failure to provide information; provided that the amount shall increase to twenty thousand dollars ($20,000 20,000) per uncured failure after the first three (3) times this provision is triggered. The payments contemplated in this Section 6.07 for reporting failures are designed to help compensate NYSERDA for, among other things, the damages that result from the failure to timely submit information to NYSERDA and do not constitute a penalty payment; such payments shall be NYSERDA’s sole and exclusive remedy for Seller’s failure to provide information falling within the scope of Section 6.07. Seller may request a 15-day fifteen (15)-day extension to any of its reporting deadlines to account for reporting delays outside of Seller’s control. Seller’s first such extension request will be deemed automatically approved, and subsequent requests will be approved or denied in NYSERDA’s sole discretion. If Seller makes commercially reasonable efforts to provide information falling within the scope of Section 6.07(b) to NYSERDA but is unable to obtain or provide such information despite Seller’s efforts, NYSERDA shall not draw on Seller’s Contract Security or demand payment from Seller under this section. If information falling within the scope of Section 6.07(a) related to contracts resulting from a procurement tender issued prior to the Contingent Award Notification Date is not in the possession, custody, or control of Seller (or its Affiliates) and Seller is unable to obtain or provide such information despite making commercially reasonable efforts to do so, NYSERDA shall not draw on Seller’s Contract Security or demand payment from Seller under this section. . Seller agrees to provide notice to NYSERDA of any planned or unplanned outages or deratings of the Selected Project that are reportable to the NYISO. Such notice shall be provided reasonably promptly after, but in no event later than twenty-four (24) hours after, the outage or derating is reported to the NYISO.

Reporting Failures. In the event that at any time after the Effective Date Seller (a) fails to provide information expressly required by this Agreement to be reported to NYSERDA, or (b) fails to provide information reasonably requested by NYSERDA in connection with the matters contemplated by this Agreement, in either case within the time period required by this Agreement or or, if a time period is not specified in this Agreement, as otherwise reasonably required by NYSERDA (but in no case earlier than ten (10) Business Days after a written request of NYSERDA in writing and, following written notice of such failure, from NYSERDA) and Seller does not cure the failure within thirty (30) days of receipt of written notice from NYSERDA of such failure (or such longer period if such breach failure is not capable of being cured within such thirty (30) day period and Seller is diligently pursuing such cure), NYSERDA shall be permitted to draw from Seller’s Contract Security (or, if elected by Seller or if no Contract Security is in place, Seller shall pay NYSERDA) an amount equal to ten thousand dollars ($10,000 10,000) per uncured failure to provide information; provided that the amount shall increase to twenty thousand dollars ($20,000 20,000) per uncured failure after the first three (3) times this provision is triggered. The payments contemplated in this Section 6.07 for reporting failures are designed to help compensate NYSERDA for, among other things, the damages that result from the failure to timely submit information to NYSERDA and do not constitute a penalty payment; such payments shall be NYSERDA’s sole and exclusive remedy for Seller’s failure to provide information falling within the scope of Section 6.07. Seller may request a 15-day fifteen (15)-day extension to any of its reporting deadlines to account for reporting delays outside of Seller’s control. Seller’s first such extension request will be deemed automatically approved, and subsequent requests will be approved or denied in NYSERDA’s sole discretion.. If Seller makes commercially reasonable efforts to provide information falling within the scope of Section 6.07(b) to NYSERDA but is unable to obtain or provide such information despite Seller’s efforts, NYSERDA shall not draw on Seller’s Contract Security or demand payment from Seller under this section. If information falling within the scope of Section 6.07(a) related to contracts resulting from a procurement tender issued prior to the Contingent Award Notification Date is not in the possession, custody, or control of Seller (or its Affiliates) and Seller is unable to obtain or provide such information despite making commercially reasonable efforts to do so, NYSERDA shall not draw on Seller’s Contract Security or demand payment from Seller under this section. 34

Reporting Failures. In the event that at any time after the Effective Date Seller (a) fails to provide information expressly required by this Agreement to be reported to NYSERDA, or (b) fails to provide information reasonably requested by NYSERDA in connection with the matters contemplated by this Agreement, in either case within the time period required by this Agreement or if a time period is not specified in this Agreement, as otherwise reasonably required by NYSERDA but in no case earlier than ten (10) Business Days after request of NYSERDA in writing and, following written notice of such failure, Seller does not cure the failure within thirty (30) days (or such longer if such breach is not capable of being cured within such thirty (30) day period and Seller is diligently pursuing such cure)a reasonable time period, NYSERDA shall be permitted to draw from Seller’s Contract Security (or, if elected by Seller or if no Contract Security is in place, Seller shall pay NYSERDA) an amount equal to $10,000 5010,000 per uncured failure to provide information; provided that the amount shall increase to $20,000 10020,000 per uncured failure after the first three times this provision is triggered. The payments contemplated in this Section 6.07 for reporting failures are designed to help 10 NYSERDA Bulk Energy Storage Incentive Program Manual, May 2020, xxxxx://xxx.xxxxxxx.xx.xxx/- /media/Files/Programs/Energy-Storage/bulk-program-manual.pdf. compensate NYSERDA for, among other things, the damages that result from the failure to timely submit information to NYSERDA and do not constitute a penalty payment. Seller may request a 15-day extension to any of its reporting deadlines to account for reporting delays outside of Seller’s control. Seller’s first such extension request will be deemed automatically approved, and subsequent requests will be approved or denied in NYSERDA’s sole discretion.

Reporting Failures. In the event that at any time after the Effective Date Seller Seller (a) fails to provide information expressly required by this Agreement to be reported to NYSERDA, or or (b) fails to provide information reasonably requested by NYSERDA in connection with the matters contemplated by this Agreement, in either case within the time period required by this Agreement or or, if a time period is not specified in this Agreement, as otherwise reasonably required by NYSERDA (but in no case earlier than ten (10) Business Days after a written request of NYSERDA in writing and, following written notice of such failure, from NYSERDA) and Seller does not cure the failure within thirty (30) days of receipt of written notice from NYSERDA of such failure (or such longer period if such breach failure is not capable of being cured within such thirty (30) day period and Seller is diligently pursuing such cure), NYSERDA shall be permitted to draw from Seller’s Contract Security (or, if elected by Seller or if no Contract Security is in place, Seller shall pay NYSERDA) an amount equal to ten thousand dollars ($10,000 10,000) per uncured failure to provide information; provided that the amount shall increase to twenty thousand dollars ($20,000 20,000) per uncured failure after the first three (3) times this provision is triggered. The payments contemplated in this Section 6.07 for reporting failures are designed to help compensate NYSERDA for, among other things, the damages that result from the failure to timely submit information to NYSERDA and do not constitute a penalty payment; such payments shall be NYSERDA’s sole and exclusive remedy for Seller’s failure to provide information falling within the scope of Section 6.07. Seller may request a 15-day fifteen (15)-day extension to any of its reporting deadlines to account for reporting delays outside of Seller’s control. Seller’s first such extension request will be deemed automatically approved, and subsequent requests will be approved or denied in NYSERDA’s sole discretion. If Seller makes commercially reasonable efforts to provide information falling within the scope of Section 6.07(b) to NYSERDA but is unable to obtain or provide such information despite Seller’s efforts, NYSERDA shall not draw on Seller’s Contract Security or demand payment from Seller under this section. If information falling within the scope of Section 6.07(a) related to contracts resulting from a procurement tender issued prior to the Effective Date of this Agreement is not in the possession, custody, or control of Seller (or its Affiliates) and Seller is unable to obtain or provide such information despite making commercially reasonable efforts to do so, NYSERDA shall not draw on Seller’s Contract Security or demand payment from Seller under this section.