Common use of TERM; COMMERCIAL OPERATION DATE Clause in Contracts

TERM; COMMERCIAL OPERATION DATE. 2.1. This Agreement shall become effective upon execution by both Parties (“Effective Date”). 2.2. Time is of the essence of this Agreement, and Seller's ability to meet certain requirements prior to the Commercial Operation Date and to complete all requirements to establish the Commercial Operation Date is critically important. Therefore, 2.2.1. By [date to be determined by the] Seller shall begin initial deliveries of Net Output; and 2.2.2. By [date to be determined by the Seller subject to Section 2.2.3 below] Seller shall have completed all requirements under Section 1.5 and shall have established the Commercial Operation Date. 2.2.3. Unless the Parties agree in writing that a later Commercial Operation Date is reasonable and necessary, the Commercial Operation Date shall be no more than three (3) years from the Effective Date. Buyer will not unreasonably withhold agreement to a Commercial Operation Date that is more than three (3) years from the Effective date if the Seller has demonstrated that a later Commercial Operation Date is reasonable and necessary. 2.3. This Agreement shall terminate on , [date to be chosen by Seller but not to exceed 20 years from the date contained in Section 2.2.2], or the date the Agreement is terminated in accordance with Section 8 or 11, whichever is earlier (“Termination Date”).

TERM; COMMERCIAL OPERATION DATE. 2.1. This Agreement shall become effective upon execution by both Parties (“Effective Date”). 2.2. Time is of the essence of this Agreement, and Seller's ability to meet certain requirements prior to the Commercial Operation Date and to complete all requirements to establish the Commercial Operation Date is critically important. Therefore, 2.2.1. 2.2.1 By [date to be determined by thethe Seller] Seller shall begin initial deliveries of Net Output; and 2.2.2. 2.2.2 By [date to be determined by the Seller subject to Section 2.2.3 2.2.3 below] Seller shall have completed all requirements under Section 1.5 and shall have established the Commercial Operation Date. 2.2.3. Unless the Parties agree in writing that a later Commercial Operation Date is reasonable and necessary, the Commercial Operation Date shall be no more than three (3) years from the Effective Date. Buyer PGE will not unreasonably withhold agreement to a Commercial Operation Date that is more than three (3) years from the Effective date if the Seller has demonstrated that a later Commercial Operation Date is reasonable and necessary. 2.3. This Agreement shall terminate on , [date to be chosen by Seller but not to exceed 20 years from the date contained in Section 2.2.2], or the date the Agreement is terminated in accordance with Section 8 or 11, whichever is earlier (“Termination Date”).

TERM; COMMERCIAL OPERATION DATE. 2.1. This Agreement shall become effective upon execution by both Parties (“Effective Date”). 2.2. Time is of the essence of this Agreement, and Seller's ability to meet certain requirements prior to the Commercial Operation Date and to complete all requirements to establish the Commercial Operation Date is critically important. Therefore, 2.2.1. By [date to be determined by thethe Seller] Seller shall begin initial deliveries of Net Output; and 2.2.2. By [date to be determined by the Seller subject to Section 2.2.3 below] Seller shall have completed all requirements under Section 1.5 1.4 and shall have established the Commercial Operation Date. 2.2.3. Unless the Parties agree in writing that a later Commercial Operation Date is reasonable and necessary, the Commercial Operation Date shall be no more than three (3) years from the Effective Date. Buyer will not unreasonably withhold agreement to a Commercial Operation Date that is more than three (3) years from the Effective date if the Seller has demonstrated that a later Commercial Operation Date is reasonable and necessary. 2.3. This Agreement shall terminate on , [date to be chosen by Seller but not to exceed 20 years from the date contained in Section 2.2.2], or the date the Agreement is terminated in accordance with Section 8 9 or 1111.2, whichever is earlier (“Termination Date”).

TERM; COMMERCIAL OPERATION DATE. 2.1. This Agreement shall become effective upon execution by both Parties (“Effective Date”). 2.2. Time is of the essence of this Agreement, and Seller's ability to meet certain requirements prior to the Commercial Operation Date and to complete all requirements to establish the Commercial Operation Date is critically important. Therefore, 2.2.1. 2.2.1 By [date to be determined by thethe Seller] Seller shall begin initial deliveries of Net Output; and 2.2.2. 2.2.2 By [date to be determined by the Seller subject to Section 2.2.3 below] Seller shall have completed all requirements under Section 1.5 and shall have established the Commercial Operation Date. 2.2.3. 2.2.3 Unless the Parties agree in writing that a later Commercial Operation Date is reasonable and necessary, the Commercial Operation Date shall be no more than three (3) years from the Effective Date. Buyer PGE will not unreasonably withhold agreement to a Commercial Operation Date that is more than three (3) years from the Effective date if the Seller has demonstrated that a later Commercial Operation Date is reasonable and necessary. 2.3. This Agreement shall terminate on , [date to be chosen by Seller but not to exceed 20 years from the date contained in Section 2.2.2], or the date the Agreement is terminated in accordance with Section 8 or 11, whichever is earlier (“Termination Date”).

TERM; COMMERCIAL OPERATION DATE. 2.1. This Agreement shall become effective upon execution by both Parties (“Effective Date”). 2.2. Time is of the essence of this Agreement, and Seller's ability to meet certain requirements prior to the Commercial Operation Date and to complete all requirements to establish the Commercial Operation Date is critically important. Therefore, 2.2.1. By [date to be determined by thethe Seller] Seller shall begin initial deliveries of Net Output; and 2.2.2. By [date to be determined by the Seller subject to Section 2.2.3 below] Seller shall have completed all requirements under Section 1.5 1.4 and shall have established the Commercial Operation Date. 2.2.3. Unless the Parties agree in writing that a later Commercial Operation Date is reasonable and necessary, the Commercial Operation Date shall be no more than three (3) years from the Effective Date. Buyer will not unreasonably withhold agreement to a Commercial Operation Date that is more than three (3) years from the Effective date if the Seller has demonstrated that a later Commercial Operation Date is reasonable and necessary. 2.3. This Agreement shall terminate on , [date to be chosen by Seller but not to exceed 20 years from the date contained in Section 2.2.2], or the date the Agreement is terminated in accordance with Section 8 or 1111.2, whichever is earlier (“Termination Date”).