Submissions by the Company. The Company shall submit to JPS the Dynamic Model and Data for its proposed Facility and the documents listed in Clauses 4.2.1 through 4.2.19 below (“PPA Original Support Documents”) on or before the dates specified. In addition, the Company shall provide to JPS any document amending or otherwise modifying a PPA Original Support Document in a timely manner as such information is amended, modified or superseded (all such amendments and modifications, “PPA Amended Support Documents”). Prior to executing or otherwise completing a PPA Original Support Document or PPA Amended Document referred to in Clauses 4.2.2, 4.2.3, 4.2.9 and 4.2.10, the Company shall obtain the written approval of JPS, which approval shall not be unreasonably conditioned, withheld or delayed. If JPS refuses its approval of any PPA Original Support Document or PPA Amended Document, JPS shall provide the Company with a written statement explaining in reasonable detail the basis for such refusal. Neither the receipt nor approval of any PPA Original Support Document or PPA Amended Support Document shall (i) relieve the Company of any liability, obligation or responsibility under this Agreement resulting from a breach by the Company of this Agreement, or (ii) be construed as an endorsement by JPS of the design, financing, construction, ownership, operation or maintenance of the Facility nor as a warranty by JPS of the safety, durability or reliability thereof. The documents to be submitted and specified dates are as follows: 4.2.1. On or before the Commencement of Construction, a notice indicating the Scheduled Commercial Operations Date, as such date may be updated by the Company from time to time; 4.2.2. On or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s proposed plan for the operations and maintenance of the Facility and any O&M Contract entered into by the Company, together with all amendments executed as of that date (but excluding the commercial terms of such O&M Contract); 4.2.3. N/A 4.2.4. On or before the date thirty (30) Days prior to the Commencement of Construction, a copy of the Construction Contract entered into by the Company for the Facility, including all schedules, plans and specifications attached thereto, plus all amendments executed as of that date (but excluding the commercial terms of the Construction Contract); 4.2.5. As soon as available, but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, copies of all permits, licences, approvals and other governmental authorizations and relevant concessions that have been issued to the Company for the design, financing, construction, ownership, operation and maintenance of the Facility; provided that where (i) such permits, licences, approvals and other governmental authorizations are not customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development, construction and operation; or (ii) such permits, licences, approvals and other governmental authorizations are customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development and construction, and the Company has failed to receive any of such permits, licences, approvals or other governmental authorizations for the design, financing, construction, ownership, operation and/or maintenance of the Facility, then in either case (i) or (ii), the Company shall, as soon as such failure has arisen, but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, notify JPS of its failure to receive any such permit, licence, approval or other governmental authorization, and provided that the failure to obtain such permits, licences, approvals or other governmental authorizations is not directly or indirectly attributable to the actions, omissions or delay on the part of the Company or such person acting through or on its behalf, the time for the Company to perform its obligations under this Clause 4.2.5 shall be extended by the same period by which the issuing of the required permit, licence, approval or other governmental authorizations is delayed beyond the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date; 4.2.6. Beginning thirty (30) Days after the Agreement Date and ending on the Commercial Operations Date, monthly progress reports substantially in the form set forth in Schedule 8; 4.2.7. As soon as available, but not later than ninety (90) Days after the Agreement Date, general arrangement drawings for the construction of the Facility; 4.2.8. Not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility, a start-up and test schedule for such Commissioning, including, without limitation, appropriate milestone dates for such start-up and testing. JPS shall within fourteen (14) days of receipt of same respond to the Company with its approval or objections, as the case may be. In the event of objections, the Parties shall thereafter make every effort to have the Commissioning Schedule agreed no later than thirty (30) days prior to the Scheduled Commercial Operations Date. In the event that no response is received from JPS within the fourteen (14) days period, the Commissioning Schedule shall be deemed to be agreed by JPS; 4.2.9. [As soon as available, draft copies of all Renewable Fuel Feed Stock Supply Agreements, Renewable Fuel Feed Stock Transportation Agreements, and other commitments required to implement the Renewable Fuel Feed Stock Supply Plan for the Facility as applicable, but not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility executed copies of these agreements;] 4.2.10. Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a copy of draft written operating procedures to serve as the basis for the written Operating Procedures to be jointly developed pursuant to Clause 4.3; 4.2.11. Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a proposed interconnection tripping schedule to serve as the basis for the Interconnection Tripping Schedule to be jointly developed pursuant to Clause 4.3; 4.2.12. Not later than ten (10) Days after the date of purchase of the relevant insurance policy, copies of all certificates of insurance required to be obtained as of the Agreement Date pursuant to Clause 14, together with prompt submission of all amendments executed subsequent to the Agreement Date; 4.2.13. As soon as available, but not later than thirty (30) Days prior to the Commercial Operations Date, final design drawings for the construction of the Facility; 4.2.14. As soon as available, but not later than thirty (30) Days prior to the Commercial Operations Date, certificate(s) signed by one or more licensed professional design engineers of the Construction Contractor stating that the Facility is designed (a) in accordance with the Agreement Criteria, (b) in accordance with Prudent Utility Practice, and
Appears in 1 contract
Samples: Power Purchase Agreement
Submissions by the Company. The Company shall submit to JPS the Dynamic Model and Data for its proposed Facility and the documents listed in Clauses 4.2.1 through 4.2.19 below (“PPA Original Support Documents”) on or before the dates specified. In addition, the Company shall provide to JPS any document amending or otherwise modifying a PPA Original Support Document in a timely manner as such information is amended, modified or superseded (all such amendments and modifications, “PPA Amended Support Documents”). Prior to executing or otherwise completing a PPA Original Support Document or PPA Amended Document referred to in Clauses 4.2.2, 4.2.3, 4.2.9 and 4.2.10, the Company shall obtain the written approval of JPS, which approval shall not be unreasonably conditioned, withheld or delayed. If JPS refuses its approval of any PPA Original Support Document or PPA Amended Document, JPS shall provide the Company with a written statement explaining in reasonable detail the basis for such refusal. Neither the receipt nor approval of any PPA Original Support Document or PPA Amended Support Document shall (i) relieve the Company of any liability, obligation or responsibility under this Agreement resulting from a breach by the Company of this Agreement, or (ii) be construed as an endorsement by JPS of the design, financing, construction, ownership, operation or maintenance of the Facility nor as a warranty by JPS of the safety, durability or reliability thereof. The documents to be submitted and specified dates are as follows:
4.2.1. 4.2.1 On or before the Commencement of Construction, a notice indicating the Scheduled Commercial Operations Date, as such date may be updated by the Company from time to time;
4.2.2. 4.2.2 On or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s proposed plan for the operations and maintenance of the Facility and any O&M Contract entered into by the Company, together with all amendments executed as of that date (but excluding the commercial terms of such O&M Contract)date;
4.2.3. N/A4.2.3 On or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s Renewable Fuel Feed Stock Supply arrangement for the Facility as applicable;
4.2.4. 4.2.4 On or before the date thirty (30) Days prior to the Commencement of Construction, a copy of the Construction Contract entered into by the Company for the Facility, including all schedules, plans and specifications attached thereto, plus all amendments executed as of that date (but excluding the commercial terms of the Construction Contract);
4.2.5. 4.2.5 As soon as available, but prior to the commencement of the relevant contract, copies of any contracts executed with direct contractors (but excluding the commercial terms of such contracts);
4.2.6 As soon as available but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, copies of all permits, licenceslicenses, approvals and other governmental authorizations and relevant concessions that have been issued to the Company for the design, financing, construction, ownership, operation and maintenance of the Facility; provided that where (i) such permits, licences, approvals and other governmental authorizations are not customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development, construction and operation; or (ii) such permits, licences, approvals and other governmental authorizations are customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development and construction, and the Company has failed to receive any of such permitspermit, licenceslicence, approvals approval or other governmental authorizations authorization for the design, financing, construction, ownership, operation and/or maintenance of the Facility, then in either case (i) or (ii), the Company shall, shall as soon as such failure has arisen, arisen but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, notify JPS of its failure to receive any such permit, licence, approval or other governmental authorization, and provided that the failure to obtain such permits, licences, approvals or other governmental authorizations is not directly or indirectly attributable to the actions, omissions or delay on the part of the Company or such person acting through or on its behalf, the time for the Company to perform its obligations under this Clause 4.2.5 shall be extended by the same period by which the issuing of the required permit, licence, approval or other governmental authorizations is delayed beyond the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date;
4.2.6. 4.2.7 Beginning thirty (30) Days after the Agreement Date and ending on the Commercial Operations Date, monthly progress reports substantially in the form set forth in Schedule 8;
4.2.7. 4.2.8 As soon as available, available but not later than ninety (90) Days after the Agreement Date, general arrangement drawings for the construction of the Facility;
4.2.8. 4.2.9 Not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility, a start-up and test schedule for such Commissioning, including, without limitation, appropriate milestone dates for such start-up and testing. JPS shall within fourteen seven (147) days of receipt of same respond to the Company with its approval or objections, as the case may be. In the event of objections, the Parties shall thereafter make every effort to have the Commissioning Schedule agreed no later than thirty (30fourteen (14) days prior to the Scheduled Commercial Operations Date. In the event that no response is received from JPS within the fourteen (14) seven days period, the Commissioning Schedule shall be deemed to be agreed by JPS;
4.2.9. [4.2.10 As soon as available, available draft copies of all Renewable Fuel Feed Stock Supply Agreements, Renewable Fuel Feed Stock Transportation Agreements, and other commitments required to implement the Renewable Fuel Feed Stock Supply Plan for the Facility as applicable, applicable and as soon as available but not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility executed copies of these agreements;]
4.2.10. 4.2.11 Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a copy of draft written operating procedures to serve as the basis for the written Operating Procedures to be jointly developed pursuant to Clause 4.3;
4.2.11. 4.2.12 Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a proposed interconnection tripping schedule Interconnection Tripping Schedule to serve as the basis for the Interconnection Tripping Schedule to be jointly developed pursuant to Clause 4.3;
4.2.12. 4.2.13 Not later than ten (10) Days after the date of purchase of the relevant insurance policy, copies of all certificates of insurance required to be obtained as of the Agreement Date pursuant to Clause 1411, together with prompt submission of all amendments executed subsequent to the Agreement Date;
4.2.13. 4.2.14 As soon as available, available but not later than thirty (30) Days prior to the Commercial Operations Date, final design drawings for the construction of the Facility;
4.2.14. 4.2.15 As soon as available, available but not later than thirty (30) Days prior to the Commercial Operations Date, certificate(s) signed by one or more licensed professional design engineers of the Construction Contractor stating that the Facility is designed (a) in accordance with the Agreement Criteria, (b) in accordance with Prudent Utility Practice, and (c) to have a useful life of at least twenty (20) Years;
4.2.16 As soon as available but not later than ten (10) Days prior to the Commercial Operations Date a certificate signed by one or more licensed professional engineers of the Construction Contractor stating that the Facility has been constructed in accordance with the Agreement Criteria, the Construction Contract, the final design drawings, and Prudent Utility Practice. As soon as available but not later than forty-five (45) Days after the Commercial Operations Date a certificate signed by one or more licensed professional engineers of the Construction Contractor stating that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.17 As soon as available but not later than forty-five (45) Days after the Commercial Operations Date, a certificate signed by the Company's licensed professional engineer stating that he has supervised the design and construction of the Facility in accordance with the terms of this Agreement, plant design and construction specifications (including the Minimum Functional Specifications) and has been completed consistent with this Agreement, the applicable codes, standards, regulations, the Construction Contract, Prudent Utility Practice, and that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.18 As soon as available but not later than [Amount (Amount)] Days prior to the Commercial Operations Date, copies of all test results for tests performed on the Facility;
4.2.19 As soon as available but not later than sixty (60) Days after the Commercial Operations Date, as-built drawings and complete specifications for the Facility and
4.2.20 Where by this Agreement the Parties or any one of them is required to perform any act or fulfill any obligation during the Pre-Operation Period within a specified time and for any reason whatsoever that party cannot perform within the time stated, then that party may request an extension of the time for performance. Requests for extensions of time shall be given due and reasonable consideration and may be granted on such terms and conditions as the Parties may agree.
Appears in 1 contract
Samples: Power Purchase Agreement
Submissions by the Company. The Company shall submit to JPS the Dynamic Model and Data for its proposed Facility and the documents listed in Clauses 4.2.1 through 4.2.19 below (“PPA Original Support Documents”) on or before the dates specified. In addition, the Company shall provide to JPS any document amending or otherwise modifying a PPA Original Support Document in a timely manner as such information is amended, modified or superseded (all such amendments and modifications, “PPA Amended Support Documents”). Prior to executing or otherwise completing a PPA Original Support Document or PPA Amended Document referred to in Clauses 4.2.2, 4.2.3, 4.2.9 4.2.8, [4.2.9] and 4.2.10, the Company shall obtain the written approval of JPS, which approval shall not be unreasonably conditioned, withheld or delayed. If JPS refuses its approval of any PPA Original Support Document or PPA Amended Support Document, JPS shall provide the Company with a written statement explaining in reasonable detail the basis for such refusal. Neither the receipt nor approval of any PPA Original Support Document or PPA Amended Support Document shall (ia) relieve the Company of any liability, obligation or responsibility under this Agreement resulting from a breach by the Company of this Agreement, or (iib) be construed as an endorsement by JPS of the design, financing, construction, ownership, operation or maintenance of the Facility Complex nor as a warranty by JPS of the safety, durability or reliability thereof. In relation to any Dispute as to an approval or refusal under this Clause 4.2, either Party may give Notice of Intention to Refer pursuant to Clause 16.2.2. The documents to be submitted and specified dates are as follows:
4.2.1. On or before the Commencement of Construction, a notice indicating the Scheduled Commercial Operations Date, as such date may be updated by the Company from time to timetime as long as it does not exceed the Required Commercial Operations Date;
4.2.2. On or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s proposed plan for the operations and maintenance of the Facility Complex and any O&M Contract entered into by the Company, together with all amendments executed as of that date (but excluding the commercial terms of such O&M Contract);
4.2.3. N/ANo later than one hundred and eighty (180) Days after the Agreement Date, the design and settings of the Interconnection Facilities in accordance with Clause 8.2.3.
4.2.4. On or before the date thirty (30) Days prior to the Commencement of Construction, a copy of the Construction Contract entered into by the Company for the FacilityComplex, including all schedules, plans and specifications attached thereto, plus all amendments executed as of that date (but excluding the commercial terms of the Construction Contract);
4.2.5. As soon as available, but no later than one hundred and eighty (180) Days prior to the Scheduled Commercial Operations Date, copies of all permits, licences, approvals and other governmental authorizations and relevant concessions that have been issued to the Company for the design, financing, construction, ownership, operation and maintenance of the FacilityComplex; provided that where (ia) such permits, licences, approvals and other governmental authorizations are not customarily issued by such government entities prior to one hundred and eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development, construction and operation, the Company shall provide such permits, licences, approvals and other governmental authorizations and Relevant Concessions to JPS promptly following receipt of the same by the Company; or (iib) such permits, licences, approvals and other governmental authorizations and Relevant Concessions are customarily issued by such government entities prior to one hundred and eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development and construction, and the Company has failed to receive any of such permits, licences, approvals or other governmental authorizations for the design, financing, construction, ownership, operation and/or maintenance of the FacilityComplex, then in either the case of (i) or (iib), the Company shall, as soon as such failure has arisen, but no later than one hundred and eighty (180) Days prior to the Scheduled Commercial Operations Date, notify JPS of its failure to receive any such permit, licence, approval or other governmental authorizationauthorization or Relevant Concessions, and provided that the failure to obtain such permits, licences, approvals or other governmental authorizations and Relevant Concessions is not directly or indirectly attributable to the actions, omissions or delay on the part of the Company or such person acting through or on its behalf, the time for the Company to perform its obligations under this Clause 4.2.5 shall be extended by the same period by which the issuing of the required permit, licence, approval or other governmental authorizations and Relevant Concessions is delayed beyond the date one hundred and eighty (180) Days prior to the Scheduled Commercial Operations Date;
4.2.6. Beginning thirty (30) Days after the Agreement Date and ending on the Commercial Operations Date, monthly progress reports substantially in the form set forth in Schedule 8;
4.2.7. As soon as available, but not later than ninety (90) Days after the Agreement Date, general arrangement drawings for the construction of the FacilityComplex;
4.2.8. Not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the FacilityComplex, a start-up and test schedule for such Commissioning, including, without limitation, appropriate expected milestone dates for such start-up and testing. JPS shall within fourteen (14) days of receipt of same the documents referred to in this Clause 4.2.8 (and any revisions thereto) respond to the Company with granting or refusing its approval or objectionsapproval, as the case may be. In the event that no response is received from JPS within the fourteen (14) day period, or such other extended period in accordance with this Agreement, the Commissioning Schedule shall be deemed to be agreed. In the event of objectionsobjections by either Party, the Parties shall thereafter make every effort to have the Commissioning Schedule agreed no later than thirty (30) days prior to the Scheduled Commercial Operations Date. In Notwithstanding an agreement or deemed agreement on the Commissioning Schedule, the Parties acknowledge and agree that in the event that no response is received of an Emergency, JPS may deviate from JPS within the fourteen (14) days period, the such Commissioning Schedule shall be deemed to be agreed by JPSwithout liability during the period of such Emergency;
4.2.9. [As soon as available, draft copies of all Renewable Fuel Feed Stock Supply Agreements, Renewable Fuel Feed Stock Transportation Agreements, and other commitments required to implement the Renewable Fuel Feed Stock Supply Plan for the Facility Complex as applicable, but not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility Complex executed copies of these agreements;agreements;1]
4.2.10. Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a copy of draft written operating procedures to serve as the basis for the written Operating Procedures to be jointly developed pursuant to Clause 4.3;
4.2.11. Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a proposed interconnection tripping schedule to serve as the basis for the Interconnection Tripping Schedule to be jointly developed pursuant to Clause 4.3;
4.2.12. Not later than ten (10) Days after the date of purchase of the relevant insurance policy, copies of all certificates of insurance required to be obtained as of the Agreement Date pursuant to 1 This Clause 14, together with prompt submission of all amendments executed subsequent to the Agreement Date;
4.2.13. As soon as available, but not later than thirty (30) Days prior to the Commercial Operations Date, final design drawings for the construction of the Facility;
4.2.14. As soon as available, but not later than thirty (30) Days prior to the Commercial Operations Date, certificate(s) signed by one or more licensed professional design engineers of the Construction Contractor stating that the Facility is designed (a) in accordance with the Agreement Criteria, (b) in accordance with Prudent Utility Practice, and4.
Appears in 1 contract
Samples: Power Purchase Agreement
Submissions by the Company. The Company shall submit to JPS the Dynamic Model and Data for its their proposed Facility and the documents listed in Clauses 4.2.1 through 4.2.19 4.2.20 below (“PPA Original Support Documents”) on or before the dates specified. In addition, the Company shall provide to JPS any document amending or otherwise modifying a PPA Original Support Document in a timely manner as such information is amended, modified or superseded (all such amendments and modifications, “PPA Amended Support Documents”). Prior to executing or otherwise completing a PPA Original Support Document or PPA Amended Document referred to in Clauses 4.2.2, 4.2.3, 4.2.9 and 4.2.10, the Company shall obtain the written approval of JPS, which approval shall not be unreasonably conditioned, withheld or delayed. If JPS refuses its approval of any PPA Original Support Document or PPA Amended Support Document, JPS shall provide the Company with a written statement explaining in reasonable detail the basis for such refusal. Neither the receipt nor approval of any PPA Original Support Document or PPA Amended Support Document shall (i) relieve the Company of any liability, obligation or responsibility under this Agreement resulting from a breach by the Company of this Agreement, or (ii) be construed as an endorsement by JPS of the design, financing, construction, ownership, operation or maintenance of the Facility nor as a warranty by JPS of the safety, durability or reliability thereof. The documents to be submitted and specified dates are as follows:
4.2.1. 4.2.1 On or before the Commencement of Construction, a notice indicating the Scheduled Commercial Operations Date, as such date may be updated by the Company from time to time-to-time;
4.2.2. 4.2.2 On or before the date being one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s proposed plan for the operations and maintenance of the Facility and any O&M Contract entered into by the Company, together with all amendments executed as of that date (but excluding the commercial terms of such O&M Contract)date;
4.2.3. N/A
4.2.4. 4.2.3 On or before the date being one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s Renewable Fuel Feedstock Supply Plan for the Facility;
4.2.4 On or before the date being thirty (30) Days prior to the Commencement of Construction, a copy of the Construction Contract entered into by the Company for the Facility, including all schedules, plans and specifications attached thereto, plus all amendments executed as of that date (but excluding the commercial terms of the Construction Contract);
4.2.5. 4.2.5 As soon as available, but prior to the commencement of the relevant contract, copies of any contracts executed with Direct Contractors (but excluding the commercial terms of such contracts);
4.2.6 As soon as available but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, copies of all permits, licencesLicences, approvals and other governmental authorizations and relevant concessions that have been issued to the Company for the design, financing, construction, ownership, operation and maintenance of the Facility; provided that where (i) such permits, licences, approvals and other governmental authorizations are not customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development, construction and operation; or (ii) such permits, licences, approvals and other governmental authorizations are customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development and construction, and the Company has failed to receive any of such permitspermit, licenceslicence, approvals approval or other governmental authorizations authorization for the design, financing, construction, ownership, operation and/or maintenance of the Facility, then in either case (i) or (ii), the Company shall, shall as soon as such failure has arisen, arisen but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, notify JPS of its failure to receive any such permit, licence, approval or other governmental authorization, and provided that the failure to obtain such permits, licences, approvals or other governmental authorizations is not directly or indirectly attributable to the actions, omissions or delay on the part of the Company or such person acting through or on its behalf, the time for the Company to perform its obligations under this Clause 4.2.5 shall be extended by the same period by which the issuing of the required permit, licence, approval or other governmental authorizations is delayed beyond the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date;
4.2.6. 4.2.7 Beginning thirty (30) Days after the Agreement Date and ending on the Scheduled Commercial Operations Date, monthly progress reports including results of any tests performed substantially in the form set forth in Schedule 8;
4.2.7. 4.2.8 As soon as available, available but not later than ninety (90) Days after the Agreement Date, general arrangement drawings for the construction of the Facility;
4.2.8. 4.2.9 Not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility, a start-up and test schedule for such Commissioning, including, without limitation, appropriate milestone dates for such start-up and testing. JPS shall within fourteen seven (147) days of receipt of same respond to the Company with its approval or objections, as the case may be. In the event of objections, the Parties shall thereafter make every effort to have the Commissioning Schedule agreed no later than thirty fourteen (3014) days prior to the Scheduled Commercial Operations Date. In the event that no response is received from JPS within the fourteen (14) days seven-day period, the Commissioning Schedule shall be deemed to be agreed by JPS;
4.2.9. [4.2.10 As soon as available, available draft copies of all Renewable Fuel Feed Stock Feedstock Supply Agreements, Renewable Fuel Feed Stock Transportation Agreements, and other commitments required to implement the Renewable Fuel Feed Stock Feedstock Supply Plan for the Facility as applicable, applicable and as soon as available but not later than ninety one hundred and eighty (90180) Days prior to the scheduled commencement of testing and Commissioning of the Facility executed copies of these agreements;]
4.2.10. 4.2.11 Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a copy of draft written operating procedures to serve as the basis for the written Operating Procedures to be jointly developed pursuant to Clause 4.3;
4.2.11. 4.2.12 Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a proposed interconnection tripping schedule Interconnection Tripping Schedule to serve as the basis for the Interconnection Tripping Schedule to be jointly developed pursuant to Clause 4.3;
4.2.12. 4.2.13 Not later than ten (10) Days after the date of purchase of the relevant insurance policy, copies of all certificates of insurance required to be obtained as of the Agreement Date pursuant to Clause 14Section 11, together with prompt submission of all amendments executed subsequent to the Agreement Date;
4.2.13. 4.2.14 As soon as available, available but not later than thirty sixty (3060) Days prior to the Scheduled Commercial Operations Date, final design drawings for the construction of the Facility;
4.2.14. 4.2.15 As soon as available, available but not later than thirty sixty (3060) Days prior to the Scheduled Commercial Operations Date, certificate(s) signed by one or more licensed professional design engineers of the Construction Contractor stating that the Facility is designed (a) in accordance with the Agreement Criteria, (b) in accordance with Prudent Utility Practice, and (c) to have a useful life of at least twenty (20) Years;
4.2.16 As soon as available but not later than [ten (10)] Days prior to the Scheduled Commercial Operations Date a certificate signed by one or more licensed professional engineers of the Construction Contractor stating that the Facility has been constructed in accordance with the Agreement Criteria, the Construction Contract, the final design drawings, and Prudent Utility Practice.
4.2.17 As soon as available but not later than forty-five (45) Days after the Commercial Operations Date a certificate signed by one or more licensed professional engineers of the Construction Contractor stating that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.18 As soon as available but not later than forty-five (45) Days after the Commercial Operations Date, a certificate signed by the Company's licensed professional engineer stating that he has supervised the design and construction of the Facility in accordance with the terms of this Agreement, plant design and construction specifications (including the Minimum Functional Specifications) and the Facility has been completed consistent with this Agreement, the applicable codes, standards, regulations, the Construction Contract, Prudent Utility Practice, and that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.19 As soon as available but not later than [Amount (Amount)] Days prior to the Commercial Operations Date, copies of all test results for tests performed on the Facility;
4.2.20 As soon as available but not later than sixty (60) Days after the Commercial Operations Date, as-built drawings and complete specifications for the Facility; and
4.2.21 Where by this Agreement the Parties or any one of them is required to perform any act or fulfill any obligation during the Pre-Operation Period within a specified time and for any reason whatsoever that Party cannot perform within the time stated, then that Party may request an extension of the time for performance. Requests for extensions of time shall be given due and reasonable consideration and may be granted on such terms and conditions as the Parties may agree.
Appears in 1 contract
Samples: Power Purchase Agreement
Submissions by the Company. The Company shall submit to JPS the Dynamic Model and Data for its proposed Facility and the documents listed in Clauses 4.2.1 through 4.2.19 below (“PPA Original Support Documents”) on or before the dates specified. In addition, the Company shall provide to JPS any document amending or otherwise modifying a PPA Original Support Document in a timely manner as such information is amended, modified or superseded (all such amendments and modifications, “PPA Amended Support Documents”). Prior to executing or otherwise completing a PPA Original Support Document or PPA Amended Document referred to in Clauses 4.2.2, 4.2.3, 4.2.9 and 4.2.10, the Company shall obtain the written approval of JPS, which approval shall not be unreasonably conditioned, withheld or delayed. If JPS refuses its approval of any PPA Original Support Document or PPA Amended Document, JPS shall provide the Company with a written statement explaining in reasonable detail the basis for such refusal. Neither the receipt nor approval of any PPA Original Support Document or PPA Amended Support Document shall (ix) relieve the Company of any liability, obligation or responsibility under this Agreement resulting from a breach by the Company of this Agreement, or (iiy) be construed as an endorsement by JPS of the design, financing, construction, ownership, operation or maintenance of the Facility nor as a warranty by JPS of the safety, durability or reliability thereof. The documents to be submitted and specified dates are as follows:
4.2.1. 4.2.1 On or before the Commencement of Construction, a notice indicating the Scheduled Commercial Operations Date, as such date may be updated by the Company from time to time;
4.2.2. 4.2.2 On or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s proposed plan for the operations and maintenance of the Facility and any O&M Contract entered into by the Company, together with all amendments executed as of that date (but excluding the commercial terms of such O&M Contract)date;
4.2.3. N/A4.2.3 On or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s Fuel Supply Plan for the Facility;
4.2.4. 4.2.4 On or before the date thirty (30) Days prior to the Commencement of Construction, a copy of the Construction Contract entered into by the Company for the Facility, including all schedules, plans and specifications attached thereto, plus all amendments executed as of that date (but excluding the commercial terms of the Construction Contract);
4.2.5. 4.2.5 As soon as available, but prior to the commencement of the relevant contract, copies of any contracts executed with Direct Contractors (but excluding the commercial terms of such contracts);
4.2.6 As soon as available but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, copies of all permits, licenceslicenses, approvals and other governmental authorizations and relevant concessions that have been issued to the Company for the design, financing, construction, ownership, operation and maintenance of the Facility; provided that where (i) such permits, licences, approvals and other governmental authorizations are not customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development, construction and operation; or (ii) such permits, licences, approvals and other governmental authorizations are customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date in the ordinary course of development and construction, and the Company has failed to receive any of such permitspermit, licenceslicence, approvals approval or other governmental authorizations authorization for the design, financing, construction, ownership, operation and/or maintenance of the Facility, then in either case (i) or (ii), the Company shall, shall as soon as such failure has arisen, arisen but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, notify JPS of its failure to receive any such permit, licence, approval or other governmental authorization, and provided that the failure to obtain such permits, licences, approvals or other governmental authorizations is not directly or indirectly attributable to the actions, omissions or delay on the part of the Company or such person acting through or on its behalf, the time for the Company to perform its obligations under this Clause 4.2.5 shall be extended by the same period by which the issuing of the required permit, licence, approval or other governmental authorizations is delayed beyond the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date;
4.2.6. 4.2.7 Beginning thirty (30) Days after the Agreement Date and ending on the Commercial Operations Date, monthly progress reports substantially in the form set forth in Schedule 8;
4.2.7. 4.2.8 As soon as available, available but not later than ninety (90) Days after the Agreement Date, general arrangement drawings for the construction of the Facility;
4.2.8. 4.2.9 Not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility, a start-up and test schedule for such Commissioning, including, without limitation, appropriate milestone dates for such start-up and testing. JPS shall within fourteen (14) days of receipt of same respond to the Company with its approval or objections, as the case may be. In the event of objections, the Parties shall thereafter make every effort to have the Commissioning Schedule agreed no later than thirty (30) days prior to the Scheduled Commercial Operations Date. In the event that no response is received from JPS within the fourteen (14) days period, the Commissioning Schedule shall be deemed to be agreed by JPS;
4.2.9. [4.2.10 As soon as available, available draft copies of all Renewable Fuel Feed Stock Supply Agreements, Renewable Fuel Feed Stock Transportation Agreements, and other commitments required to implement the Renewable Fuel Feed Stock Supply Plan for the Facility and as applicable, soon as available but not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility executed copies of these agreements;]
4.2.10. 4.2.11 Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a copy of draft written operating procedures to serve as the basis for the written Operating Procedures to be jointly developed pursuant to Clause 4.3;
4.2.11. 4.2.12 Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a proposed interconnection tripping schedule Interconnection Tripping Schedule to serve as the basis for the Interconnection Tripping Schedule to be jointly developed pursuant to Clause 4.3;
4.2.12. 4.2.13 Not later than ten (10) Days after the date of purchase of the relevant insurance policy, copies of all certificates of insurance required to be obtained as of the Agreement Date pursuant to Clause 1411, together with prompt submission of all amendments executed subsequent to the Agreement Date;
4.2.13. 4.2.14 As soon as available, available but not later than thirty (30) Days prior to the Commercial Operations Date, final design drawings for the construction of the Facility;
4.2.14. 4.2.15 As soon as available, available but not later than thirty (30) Days prior to the Commercial Operations Date, certificate(s) signed by one or more licensed professional design engineers of the Construction Contractor stating that the Facility is designed (a) in accordance with the Agreement Criteria, (b) in accordance with Prudent Utility Practice, and (c) to have a useful life of at least twenty (20) Years;
4.2.16 As soon as available but not later than ten (10) Days prior to the Commercial Operations Date a certificate signed by one or more licensed professional engineers of the Construction Contractor stating that the Facility has been constructed in accordance with the Agreement Criteria, the Construction Contract, the final design drawings, and Prudent Utility Practice. As soon as available but not later than forty-five (45) Days after the Commercial Operations Date a certificate signed by one or more licensed professional engineers of the Construction Contractor stating that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.17 As soon as available but not later than forty-five (45) Days after the Commercial Operations Date, a certificate signed by the Company's licensed professional engineer stating that he has supervised the design and construction of the Facility in accordance with Prudent Utility Practice and that such design and construction has been completed consistent with the terms of this Agreement (including the Minimum Functional Specifications), the Fuel Supply Agreements, the Construction Contract, and Prudent Utility Practice, and that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.18 As soon as available but not later than ten (10) Days prior to the Commercial Operations Date, copies of all test results for tests performed on the Facility; and
4.2.19 As soon as available but not later than sixty (60) Days after the Commercial Operations Date, as-built drawings and complete specifications for the Facility.
Appears in 1 contract
Samples: Power Purchase Agreement
Submissions by the Company. The Company shall submit to JPS the Dynamic Model and Data for its proposed Facility and the documents listed in Clauses 4.2.1 through 4.2.19 below (“PPA Original Support Documents”) on or before the dates specified. In addition, the Company shall provide to JPS any document amending or otherwise modifying a PPA Original Support Document in a timely manner as such information is amended, modified or superseded (all such amendments and modifications, “PPA Amended Support Documents”). Prior to executing or otherwise completing a PPA Original Support Document or PPA Amended Document referred to in Clauses 4.2.2, 4.2.3, 4.2.9 and 4.2.10, the Company shall obtain the written approval of JPS, which approval shall not be unreasonably conditioned, withheld or delayed. If JPS refuses its approval of any PPA Original Support Document or PPA Amended Document, JPS shall provide the Company with a written statement explaining in reasonable detail the basis for such refusal. Neither the receipt nor approval of any PPA Original Support Document or PPA Amended Support Document shall (i) relieve the Company of any liability, obligation or responsibility under this Agreement resulting from a breach by the Company of this Agreement, or (ii) be construed as an endorsement by JPS of the design, financing, construction, ownership, operation or maintenance of the Facility nor as a warranty by JPS of the safety, durability or reliability thereof. The documents to be submitted and specified dates are as follows:
4.2.1. 4.2.1 On or before the Commencement of Construction, a notice indicating the Scheduled Commercial Operations Date, as such date may be updated by the Company from time to time;
4.2.2. 4.2.2 On or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s proposed plan for the operations and maintenance of the Facility and any O&M Contract entered into by the Company, together with all amendments executed as of that date date; (but excluding the commercial terms of such O&M Contract);
4.2.3. N/A4.2.3 On or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s Renewable Fuel Feed Stock Supply arrangement for the Facility as applicable;
4.2.4. 4.2.4 On or before the date thirty (30) Days prior to the Commencement of Construction, a copy of the Construction Contract entered into by the Company for the Facility, including all schedules, plans and specifications attached thereto, plus all amendments executed as of that date (but excluding the commercial terms of the Construction Contract);
4.2.5. 4.2.5 As soon as available, but no later than one hundred eighty (180) Days prior to the Initial Scheduled Commercial Operations Date, copies of all permits, licenceslicenses, approvals and other governmental authorizations and relevant concessions that have been issued to the Company for the design, financing, construction, ownership, operation and maintenance of the Facility; provided that where (ithe Company has failed to receive any permit, licence(i) such where certain permits, licenceslicenses, approvals and other governmental authorizations government approvals are not customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Initial Scheduled Commercial Operations Date in the ordinary course of development, construction and operation; or (ii) , the Company is given day for day relief of this Section 4.2.6 until such permits, licenceslicenses, approvals and other governmental authorizations government approvals are received and (ii) where certain permits, licenses, approvals and other government approvals are customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Initial Scheduled Commercial Operations Date in the ordinary course of development and construction, and the Company has failed to receive any of such permits, licenceslicense, approvals approval or other governmental authorizations authorization for the design, financing, construction, ownership, operation and/or maintenance of the Facility, then in either case (i) or (ii), the Company shall, shall as soon as such failure has arisenarisen but no later than one hundred eighty (180) Days prior to the Initial Scheduled Commercial Operations Date, notify JPS of its failure to receive any such permit, licence, approval or other governmental authorization;, provided that the failure to obtain such permits, licences, approvals or other government approvals is not directly or indirectly attributable to the actions, omissions or delay on the part of the Company or such person acting through or on its behalf;
4.2.6 As soon as available but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, copies of all permits, licenses, approvals and other governmental authorizations and relevant concessions that have been issued to the Company for the design, financing, construction, ownership, operation and maintenance of the Facility; provided that where the Company has failed to receive any permit, licence, approval or other governmental authorization for the design, financing, construction, ownership, operation and/or maintenance of the Facility, the Company shall as soon as such failure has arisen but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, notify JPS of its failure to receive any such permit, licence, approval or other governmental authorization, and provided that the failure to obtain such permits, licences, approvals or other governmental authorizations is not directly or indirectly attributable to the actions, omissions or delay on the part of the Company or such person acting through or on its behalf, the time for the Company to perform its obligations under this Clause 4.2.5 shall be extended by the same period by which the issuing of the required permit, licence, approval or other governmental authorizations is delayed beyond the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date;
4.2.6. 4.2.7 Beginning thirty (30) Days after the Agreement Date and ending on the Commercial Operations Date, monthly progress reports substantially in the form set forth in Schedule 8;
4.2.7. 4.2.8 As soon as available, available but not later than ninety (90) Days after the Agreement Date, general arrangement drawings for the construction of the Facility;
4.2.8. 4.2.9 Not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility, a start-up and test schedule for such Commissioning, including, without limitation, appropriate milestone dates for such start-up and testing. JPS shall within fourteen seven (147) days of receipt of same respond to the Company with its approval or objections, as the case may be. In the event of objections, the Parties shall thereafter make every effort to have the Commissioning Schedule agreed no later than thirty (30fourteen (14) days prior to the Scheduled Commercial Operations Date. In the event that no response is received from JPS within the fourteen (14) seven days period, the Commissioning Schedule shall be deemed to be agreed by JPS;
4.2.9. [4.2.10 As soon as available, available draft copies of all Renewable Fuel Feed Stock Supply Agreements, Renewable Fuel Feed Stock Transportation Agreements, and other commitments required to implement the Renewable Fuel Feed Stock Supply Plan for the Facility as applicable, applicable and as soon as available but not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility executed copies of these agreements;]
4.2.10. 4.2.11 Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a copy of draft written operating procedures to serve as the basis for the written Operating Procedures to be jointly developed pursuant to Clause 4.3;
4.2.11. 4.2.12 Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a proposed interconnection tripping schedule Interconnection Tripping Schedule to serve as the basis for the Interconnection Tripping Schedule to be jointly developed pursuant to Clause 4.3;
4.2.12. 4.2.13 Not later than ten (10) Days after the date of purchase of the relevant insurance policy, copies of all certificates of insurance required to be obtained as of the Agreement Date pursuant to Clause 1411, together with prompt submission of all amendments executed subsequent to the Agreement Date;
4.2.13. 4.2.14 As soon as available, available but not later than thirty (30) Days prior to the Commercial Operations Date, final design drawings for the construction of the Facility;
4.2.14. 4.2.15 As soon as available, available but not later than thirty (30) Days prior to the Commercial Operations Date, certificate(s) signed by one or more licensed professional design engineers of the Construction Contractor stating that the Facility is designed (a) in accordance with the Agreement Criteria, (b) in accordance with Prudent Utility Practice, and (c) to have a useful life of at least twenty (20) Years;
4.2.16 As soon as available but not later than ten (10) Days prior to the Commercial Operations Date a certificate signed by one or more licensed professional engineers of the Construction Contractor stating that the Facility has been constructed in accordance with the Agreement Criteria, the Construction Contract, the final design drawings, and Prudent Utility Practice and that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.17 As soon as available but not later than forty-five (45) Days after the Commercial Operations Date, a certificate signed by the Company's licensed professional engineer stating that he has supervised the design and construction of the Facility in accordance with the terms of this Agreement, plant design and construction specifications (including the Minimum Functional Specifications) and has been completed consistent with this Agreement, the applicable codes, standards, regulations, the Construction Contract, Prudent Utility Practice, and that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.18 As soon as available but not later than [Amount (Amount)] Days prior to the Commercial Operations Date, copies of all test results for tests performed on the Facility;
4.2.19 As soon as available but not later than ninety (90) Days after the Commercial Operations Date, as-built drawings and complete specifications for the Facility and
4.2.20 Where by this Agreement the Parties or any one of them is required to perform any act or fulfill any obligation during the Pre-Operation Period within a specified time and for any reason whatsoever that party cannot perform within the time stated, then that party may request an extension of the time for performance. Requests for extensions of time shall be given due and reasonable consideration and may be granted on such terms and conditions as the Parties may agree.
Appears in 1 contract
Samples: Power Purchase Agreement
Submissions by the Company. The Company shall submit to JPS the Dynamic Model and Data for its their proposed Facility and the documents listed in Clauses 4.2.1 through 4.2.19 below (“PPA Original Support Documents”) on or before the dates specified. In addition, the Company shall provide to JPS any document amending or otherwise modifying a PPA Original Support Document in a timely manner as such information is amended, modified or superseded (all such amendments and modifications, “PPA Amended Support Documents”). Prior to executing or otherwise completing a PPA Original Support Document or PPA Amended Document referred to in Clauses 4.2.2, 4.2.3, 4.2.9 and 4.2.10, the Company shall obtain the written approval of JPS, which approval shall not be unreasonably conditioned, withheld or delayed. If JPS refuses its approval of any PPA Original Support Document or PPA Amended Document, JPS shall provide the Company with a written statement explaining in reasonable detail the basis for such refusal. Neither the receipt nor approval of any PPA Original Support Document or PPA Amended Support Document shall (i) relieve the Company of any liability, obligation or responsibility under this Agreement resulting from a breach by the Company of this Agreement, or (ii) be construed as an endorsement by JPS of the design, financing, construction, ownership, operation or maintenance of the Facility nor as a warranty by JPS of the safety, durability or reliability thereof. The documents to be submitted and specified dates are as follows:
4.2.1. On or before the Commencement of Construction, a notice indicating the Scheduled Commercial Operations Date, as such date may be updated by the Company from time to time;
4.2.2. On or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s proposed plan for the operations and maintenance of the Facility and any O&M Contract entered into by the Company, together with all amendments executed as of that date date; (but excluding the commercial terms of such O&M Contract);
4.2.3. N/AOn or before the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, a copy of the Company’s Renewable Fuel Feed Stock Supply arrangement for the Facility as applicable;
4.2.4. On or before the date thirty (30) Days prior to the Commencement of Construction, a copy of the Construction Contract entered into by the Company for the Facility, including all schedules, plans and specifications attached thereto, plus all amendments executed as of that date (but excluding the commercial terms of the Construction Contract);
4.2.5. As soon as available, but no later than one hundred eighty (180) Days prior to the Initial Scheduled Commercial Operations Date, copies of all permits, licenceslicenses, approvals and other governmental authorizations and relevant concessions that have been issued to the Company for the design, financing, construction, ownership, operation and maintenance of the Facility; provided that where (ithe Company has failed to receive any permit, licence(i) such where certain permits, licenceslicenses, approvals and other governmental authorizations government approvals are not customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Initial Scheduled Commercial Operations Date in the ordinary course of development, construction and operation; or (ii) , the Company is given day for day relief of this Section 4.2.6 until such permits, licenceslicenses, approvals and other governmental authorizations government approvals are received and (ii) where certain permits, licenses, approvals and other government approvals are customarily issued by such government entities prior to one hundred eighty (180) Days prior to the Initial Scheduled Commercial Operations Date in the ordinary course of development and construction, and the Company has failed to receive any of such permits, licenceslicense, approvals approval or other governmental authorizations authorization for the design, financing, construction, ownership, operation and/or maintenance of the Facility, then in either case (i) or (ii), the Company shall, shall as soon as such failure has arisenarisen but no later than one hundred eighty (180) Days prior to the Initial Scheduled Commercial Operations Date, notify JPS of its failure to receive any such permit, licence, approval or other governmental authorization;, provided that the failure to obtain such permits, licences, approvals or other government approvals is not directly or indirectly attributable to the actions, omissions or delay on the part of the Company or such person acting through or on its behalf;
4.2.6. As soon as available but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, copies of all permits, licenses, approvals and other governmental authorizations and relevant concessions that have been issued to the Company for the design, financing, construction, ownership, operation and maintenance of the Facility; provided that where the Company has failed to receive any permit, licence, approval or other governmental authorization for the design, financing, construction, ownership, operation and/or maintenance of the Facility, the Company shall as soon as such failure has arisen but no later than one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date, notify JPS of its failure to receive any such permit, licence, approval or other governmental authorization, and provided that the failure to obtain such permits, licences, approvals or other governmental authorizations is not directly or indirectly attributable to the actions, omissions or delay on the part of the Company or such person acting through or on its behalf, the time for the Company to perform its obligations under this Clause 4.2.5 shall be extended by the same period by which the issuing of the required permit, licence, approval or other governmental authorizations is delayed beyond the date one hundred eighty (180) Days prior to the Scheduled Commercial Operations Date;
4.2.64.2.7. Beginning thirty (30) Days after the Agreement Date and ending on the Commercial Operations Date, monthly progress reports substantially in the form set forth in Schedule 8;
4.2.74.2.8. As soon as available, available but not later than ninety (90) Days after the Agreement Date, general arrangement drawings for the construction of the Facility;
4.2.84.2.9. Not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility, a start-up and test schedule for such Commissioning, including, without limitation, appropriate milestone dates for such start-up and testing. JPS shall within fourteen seven (147) days of receipt of same respond to the Company with its approval or objections, as the case may be. In the event of objections, the Parties shall thereafter make every effort to have the Commissioning Schedule agreed no later than thirty (30fourteen (14) days prior to the Scheduled Commercial Operations Date. In the event that no response is received from JPS within the fourteen (14) seven days period, the Commissioning Schedule shall be deemed to be agreed by JPS;
4.2.94.2.10. [As soon as available, available draft copies of all Renewable Fuel Feed Stock Supply Agreements, Renewable Fuel Feed Stock Transportation Agreements, and other commitments required to implement the Renewable Fuel Feed Stock Supply Plan for the Facility as applicable, applicable and as soon as available but not later than ninety (90) Days prior to the scheduled commencement of testing and Commissioning of the Facility executed copies of these agreements;]
4.2.104.2.11. Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a copy of draft written operating procedures to serve as the basis for the written Operating Procedures to be jointly developed pursuant to Clause 4.3;
4.2.114.2.12. Not later than one hundred and twenty (120) Days prior to the Scheduled Commercial Operations Date, a proposed interconnection tripping schedule Interconnection Tripping Schedule to serve as the basis for the Interconnection Tripping Schedule to be jointly developed pursuant to Clause 4.3;
4.2.124.2.13. Not later than ten (10) Days after the date of purchase of the relevant insurance policy, copies of all certificates of insurance required to be obtained as of the Agreement Date pursuant to Clause 1411, together with prompt submission of all amendments executed subsequent to the Agreement Date;
4.2.134.2.14. As soon as available, available but not later than thirty (30) Days prior to the Commercial Operations Date, final design drawings for the construction of the Facility;
4.2.144.2.15. As soon as available, available but not later than thirty (30) Days prior to the Commercial Operations Date, certificate(s) signed by one or more licensed professional design engineers of the Construction Contractor stating that the Facility is designed (a) in accordance with the Agreement Criteria, (b) in accordance with Prudent Utility Practice, and (c) to have a useful life of at least twenty (20) Years;
4.2.16. As soon as available but not later than ten (10) Days prior to the Commercial Operations Date a certificate signed by one or more licensed professional engineers of the Construction Contractor stating that the Facility has been constructed in accordance with the Agreement Criteria, the Construction Contract, the final design drawings, and Prudent Utility Practice and that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.17. As soon as available but not later than forty-five (45) Days after the Commercial Operations Date, a certificate signed by the Company's licensed professional engineer stating that he has supervised the design and construction of the Facility in accordance with the terms of this Agreement, plant design and construction specifications (including the Minimum Functional Specifications) and has been completed consistent with this Agreement, the applicable codes, standards, regulations, the Construction Contract, Prudent Utility Practice, and that the Facility is designed and constructed to have a useful life of at least twenty (20) Years;
4.2.18. As soon as available but not later than [Amount (Amount)] Days prior to the Commercial Operations Date, copies of all test results for tests performed on the Facility;
4.2.19. As soon as available but not later than ninety (90) Days after the Commercial Operations Date, as-built drawings and complete specifications for the Facility and
4.2.20. Where by this Agreement the Parties or any one of them is required to perform any act or fulfil any obligation during the Pre-Operation Period within a specified time and for any reason whatsoever that party cannot perform within the time stated, then that party may request an extension of the time for performance. Requests for extensions of time shall be given due and reasonable consideration and may be granted on such terms and conditions as the Parties may agree.
Appears in 1 contract
Samples: Power Purchase Agreement