Common use of Termination for Failure to Meet Commercial Operation Deadline Clause in Contracts

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: Services Agreement, Agreement, Agreement

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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: Solar Energy Power Purchase and Sale Agreement

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