Termination for Failure to Meet Commercial Operation Deadline. If the Commercial Operation Date has not occurred on or before the Commercial Operation Deadline or any extension thereof as provided in Section 5.3(c) or (d) and a Party has not provided notice of termination pursuant to Section 5.3(d), each Party may terminate this Agreement without triggering the default provisions of this Agreement upon thirty (30) days’ written notice; provided, however, that such right to terminate shall not be available to if the terminating Party’s failure to fulfill any material obligations under this Agreement has been the cause of, or resulted in, the failure to achieve Commercial Operation.
Appears in 3 contracts
Samples: Solar Energy Power Purchase and Sale Agreement, Purchase Agreement, Solar Power Purchase Agreement
Termination for Failure to Meet Commercial Operation Deadline. If the Commercial Operation Date has not occurred on or before the Commercial Operation Deadline or any extension thereof as provided in Section 5.3(c) or (d) and a Party has not provided notice of termination pursuant to Section 5.3(d), each Party may terminate this Agreement without triggering the default provisions of this Agreement upon thirty (30) days’ written notice; provided, however, that such right to terminate shall not be available to if the terminating Party’s failure to fulfill any material obligations under this Agreement has been the cause of, or resulted in, the failure to achieve Commercial Operation.
Appears in 1 contract
Samples: Power Purchase Agreement
