Common use of Termination Rights of Both Parties Clause in Contracts

Termination Rights of Both Parties. (1) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SCE in its sole discretion within one hundred eighty (180) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two hundred tenth (210th) day after SCE files the request for CPUC Approval. (2) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CEC Pre-Certification has not been obtained by Seller within three hundred sixty-five (365) days after the Effective Date and a Notice of termination is given on or before the three hundred ninety-fifth (395th) day after the Effective Date. (3) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if Seller has not obtained Permit Approval of the Construction Permits on or before the date that is sixty (60) days prior to the Commercial Operation Deadline and a Notice of termination is given on or before the date that is forty-five (45) days prior to the Commercial Operation Deadline.

Appears in 6 contracts

Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement

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Termination Rights of Both Parties. (1) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SCE in its sole discretion within one three hundred eighty sixty-five (180365) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two three hundred tenth ninety-fifth (210th395th) day after SCE files the request for CPUC Approval. (2) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CEC Pre-Certification has not been obtained by Seller within three hundred sixty-five twelve (36512) days months after the Effective Date and a Notice of termination is given on or before the three hundred ninety-fifth end of the thirteenth (395th13th) day month after the Effective Date. (3) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if Seller has not obtained Permit Approval of the Construction Permits on or before within [number] (#) months after the date that is sixty (60) days prior to the Commercial Operation Deadline Effective Date and a Notice of termination is given on or before the date that is forty-five end of the [number] (45#) days prior to month after the Commercial Operation DeadlineEffective Date.

Appears in 3 contracts

Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement

Termination Rights of Both Parties. (1) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SCE in its sole discretion within one hundred eighty (180) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two hundred tenth (210th) day after SCE files the request for CPUC Approval. (2) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CEC Pre-Certification has not been obtained by Seller within three hundred sixty-five twelve (36512) days months after the Effective Date and a Notice of termination is given on or before the three hundred ninety-fifth end of the thirteenth (395th13th) day month after the Effective Date. (3) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if Seller has not obtained Permit Approval of the Construction Permits on or before the date that is sixty (60) days prior to the Commercial Operation Deadline and a Notice of termination is given on or before the date that is forty-five (45) days prior to the Commercial Operation Deadline.within Twenty Three

Appears in 2 contracts

Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement

Termination Rights of Both Parties. (1) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SCE in its sole discretion within one three hundred eighty sixty-five (180365) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two three hundred tenth ninety-fifth (210th395th) day after SCE files the request for CPUC Approval. (2) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CEC Pre-Certification has not been obtained by Seller within three hundred sixty-five twelve (36512) days months after the Effective Date and a Notice of termination is given on or before the three hundred ninety-fifth end of the thirteenth (395th13th) day month after the Effective Date. (3) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if Seller has not obtained Permit Approval of the Construction Permits on or before within thirty-two (32) months after the date that is sixty (60) days prior to the Commercial Operation Deadline Effective Date and a Notice of termination is given on or before the date that is fortyend of the thirty-five third (4533rd) days prior to month after the Commercial Operation DeadlineEffective Date.

Appears in 2 contracts

Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement

Termination Rights of Both Parties. (1i) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SCE in its sole discretion within one three hundred eighty sixty five (180365) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two three hundred tenth ninety fifth (210th395th) day after SCE files the request for CPUC Approval. (2ii) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given in the event CEC Pre-Certification has not been obtained by Seller within eighteen (18) months after the Effective Date and a Notice of termination is given on or before the end of the nineteenth (19th) month after the Effective Date. (iii) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CEC Pre-Certification Permit Approval with respect to Construction Permits has not been obtained by Seller within three hundred sixty-five eighteen (36518) days months after the Effective Date and a Notice of termination is given on or before the three hundred ninety-fifth end of the nineteenth (395th19th) day month after the Effective Date. (3) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if Seller has not obtained Permit Approval of the Construction Permits on or before the date that is sixty (60) days prior to the Commercial Operation Deadline and a Notice of termination is given on or before the date that is forty-five (45) days prior to the Commercial Operation Deadline.

Appears in 2 contracts

Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement

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Termination Rights of Both Parties. (1) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SCE in its sole discretion within one hundred eighty (180) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two hundred tenth (210th) day after SCE files the request for CPUC Approval. (2) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CEC Pre-Certification has not been obtained by Seller within three hundred sixty-five twelve (36512) days months after the Effective Date and a Notice of termination is given on or before the three hundred ninety-fifth end of the thirteenth (395th13th) day month after the Effective Date. (3) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if Seller has not obtained Permit Approval of the Construction Permits on or before within twenty three (23) months after the date that is sixty (60) days prior to the Commercial Operation Deadline Effective Date and a Notice of termination is given on or before the date that is forty-five end of the twenty fourth (4524th) days prior to month after the Commercial Operation DeadlineEffective Date.

Appears in 1 contract

Samples: Renewable Power Purchase and Sale Agreement

Termination Rights of Both Parties. (1i) Either Party has shall have the right to terminate this Agreement on Notice, which will shall be effective five (5) Business Days after such Notice is given, if in the event CPUC Approval has not been obtained or waived by SCE in its sole discretion within one three hundred eighty sixty five (180365) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two three hundred tenth ninety fifth (210th395th) day after SCE files the request for CPUC Approval. (2ii) Either Party has shall have the right to terminate this Agreement on Notice, which will shall be effective five (5) Business Days after such Notice is given, if given in the event CEC Pre-Certification and Verification has not been obtained by Seller within three hundred sixty-five eighteen (36518) days months after the Effective Date and a Notice of termination is given on or before the three hundred ninety-fifth end of the nineteenth (395th19th) day month after the Effective Date. (3iii) Either Party has shall have the right to terminate this Agreement on Notice, which will shall be effective five (5) Business Days after such Notice is given, given if Seller has not obtained Permit Approval of the Construction Permits on or before BLM Permit within thirty-six (36) months after the date that is sixty (60) days prior to the Commercial Operation Deadline Effective Date and a Notice of termination is given on or before the date that is forty-five end of the thirty- seventh (4537th) days prior to month after the Commercial Operation DeadlineEffective Date.

Appears in 1 contract

Samples: Renewable Power Purchase and Sale Agreement

Termination Rights of Both Parties. (1) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CPUC Approval has not been obtained or waived by SCE in its sole discretion within one hundred eighty (180) days after SCE files its request for CPUC Approval and a Notice of termination is given on or before the two hundred tenth (210th) day after SCE files the request for CPUC Approval. (2) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if CEC Pre-Certification has not been obtained by Seller within three hundred sixty-five twelve (36512) days months after the Effective Date and a Notice of termination is given on or before the three hundred ninety-fifth end of the thirteenth (395th13th) day month after the Effective Date. (3) Either Party has the right to terminate this Agreement on Notice, which will be effective five (5) Business Days after such Notice is given, if Seller has not obtained Permit Approval of the Construction Permits on or before within eighteen (18) months after the date that is sixty (60) days prior to the Commercial Operation Deadline Effective Date and a Notice of termination is given on or before the date that is forty-five end of the nineteenth (4519th) days prior to month after the Commercial Operation DeadlineEffective Date.

Appears in 1 contract

Samples: Renewable Power Purchase and Sale Agreement

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