Common use of Startup and Commissioning Clause in Contracts

Startup and Commissioning. When the Buyer provides the Seller notice countersigned by the Seller that the Mechanical Completion of a Unit has been achieved in the form attached hereto as Exhibit B (a “Mechanical Completion Certificate”), the Seller shall Startup and Commission such Unit in accordance with Appendix A on or before the dates established by the Performance Schedule set forth in Attachment 4. If the Seller does not countersign or object to any such Mechanical Completion Certificate within *** days after receipt, such Mechanical Completion Certificate shall be deemed confirmed and agreed to by the Seller on the date that such Mechanical Completion Certificate was originally delivered to the Seller. The Buyer shall achieve Mechanical Completion of the Units at the following rate: (a) *** as a minimum number of Units per week and (b) *** as a maximum number of Units per week; provided, however, that the Buyer may modify either of such rates in accordance with Article 13. If, after Seller’s mobilization for a Project at the Site, the Buyer delays the Mechanical Completion of *** Units for a cumulative total of *** hours or more for any reason other than an excusable event pursuant to Article 22 or suspension pursuant to Article 20, then (a) the Seller shall use commercially reasonable efforts to minimize the impact of such delay on the costs and delays it incurs as a result of such delay, (b) the performance of the Seller’s obligations shall be equitably extended for a period of time based upon the time lost as a result of such delay and the impact on the Seller’s performance of the Work, and (c) the Buyer shall pay the Seller within thirty (30) days after receipt of an invoice from the Seller a reasonable price increase for additional labor incurred by the Seller solely as a result of such delay in excess of the labor the Seller would otherwise have incurred based on the published rates for Technical Advisory Services in effect at the time of such delay.

Startup and Commissioning. When the Buyer provides the Seller notice countersigned by the Seller that the Mechanical Completion of a Unit has been achieved in the form attached hereto as Exhibit B of Section 8.1 of Appendix A (a “Mechanical Completion Certificate”), the Seller shall Startup and Commission such Unit in accordance with Appendix A on or before the dates established by the Performance Schedule set forth in Attachment 4. If the Seller does not countersign or object to any such Mechanical Completion Certificate within *** (***) days after receipt, such Mechanical Completion Certificate shall be deemed confirmed and agreed to by the Seller on the date that such Mechanical Completion Certificate was originally delivered to the Seller. The Buyer shall achieve Mechanical Completion of the Units at the following rate: (a) *** (***) as a minimum number of Units per week and (b) *** (***) as a maximum number of Units per week; provided, however, that the Buyer may modify either of such rates in accordance with Article 1312. If, after Seller’s mobilization for a Project at the Site, the Buyer delays the Mechanical Completion of *** (***) *** Units for a cumulative total of *** (***) hours or more for any reason other than an excusable event pursuant to Article 22 or suspension pursuant to Article 2019, then (a) the Seller shall use commercially reasonable efforts to minimize the impact of such delay on the costs and delays it incurs as a result of such delay, (b) the performance of the Seller’s obligations shall be equitably extended for a period of time based upon the time lost as a result of such delay and the impact on the Seller’s performance of the Work, and (c) the Buyer shall pay the Seller within thirty (30) days after receipt of an invoice from the Seller a reasonable price increase for additional labor incurred by the Seller solely as a result of such delay in excess of the labor the Seller would otherwise have incurred based on the published rates for Technical Advisory Services in effect at the time of such delay.