Common use of Tier 4 CPs Clause in Contracts

Tier 4 CPs. The Tier 4 Seller’s CP shall be deemed satisfied upon delivery by Seller to Buyers of a written notice stating that Seller has achieved or waived all Tier 4 Seller’s CPs (the “Seller’s Tier 4 CP Confirmation Notice”). If the Seller’s Tier 4 CP Confirmation Notice is not delivered by November 1, 2023, either Party may deliver a termination notice to the other Party (a “Tier 4 CP Termination Notice”) with such termination effective on the date sixty (60) Days following such Tier 4 CP Termination notice unless, before the expiration of such sixty (60) Day period, Seller delivers the Seller’s Tier 4 CP Confirmation Notice, in which case the Tier 4 CP Termination Notice shall be automatically rescinded and this Agreement shall continue in full force and effect. Seller may provide a Tier 4 CP Termination Notice with immediate effect at any time prior to January 1, 2024 if it reasonably determines that any Tier 4 Seller’s CPs will not be achieved by January 1, 2024.

Appears in 1 contract

Samples: Power Purchase Agreement

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Tier 4 CPs. The Tier 4 Seller’s CP shall be deemed satisfied upon delivery by Seller to Buyers of a written notice stating that Seller has achieved or waived all Tier 4 Seller’s CPs (the “Seller’s Tier 4 CP Confirmation Notice”). If the Seller’s Tier 4 CP Confirmation Notice is not delivered by November 1March 31, 20232021, either Party may deliver a termination notice to the other Party (a “Tier 4 CP Termination Notice”) with such termination effective on the date sixty (60) Days days following such Tier 4 CP Termination notice unless, before the expiration of such sixty (60) Day day period, Seller delivers the Seller’s Tier 4 CP Confirmation Notice, in which case the Tier 4 CP Termination Notice shall be automatically rescinded and this Agreement shall continue in full force and effect. Seller may provide a Tier 4 CP Termination Notice with immediate effect at any time prior to January 1December 31, 2024 2021 if it reasonably determines that any Tier 4 Seller’s CPs will not be achieved by January 1December 31, 20242021.

Appears in 1 contract

Samples: Power Purchase Agreement

Tier 4 CPs. The Tier 4 Seller’s CP shall be deemed satisfied upon delivery by Seller to Buyers of a written notice stating that Seller Xxxxxx has achieved or waived all Tier 4 Seller’s CPs (the “Seller’s Tier 4 CP Confirmation Notice”). If the Seller’s Tier 4 CP Confirmation Notice is not delivered by November 1, 2023Seller’s Tier 4 CP Deadline, either Party may deliver a termination notice to the other Party (a “Tier 4 CP Termination Notice”) with such termination effective on the date sixty (60) Days days following such Tier 4 CP Termination notice unless, before the expiration of such sixty (60) Day day period, Seller delivers the Seller’s Tier 4 CP Confirmation Notice, in which case the Tier 4 CP Termination Notice shall be automatically rescinded and this Agreement shall continue in full force and effect. Seller may provide a Tier 4 CP Termination Notice with immediate effect at any time prior to January 1, 2024 Seller’s Tier 4 CP Deadline if it reasonably determines that any Tier 4 Seller’s CPs will not be achieved by January 1, 2024Seller’s Tier 4 CP Deadline.

Appears in 1 contract

Samples: Power Purchase Agreement

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Tier 4 CPs. The Tier 4 Seller’s CP shall be deemed satisfied upon delivery by Seller to Buyers of a written notice stating that Seller Xxxxxx has achieved or waived all Tier 4 Seller’s CPs (the “Seller’s Tier 4 CP Confirmation Notice”). If the Seller’s Tier 4 CP Confirmation Notice is not delivered by November 1, 2023, either Party may deliver a termination notice to the other Party (a “Tier 4 CP Termination Notice”) with such termination effective on the date sixty (60) Days following such Tier 4 CP Termination notice unless, before the expiration of such sixty (60) Day period, Seller delivers the Seller’s Tier 4 CP Confirmation Notice, in which case the Tier 4 CP Termination Notice shall be automatically rescinded and this Agreement shall continue in full force and effect. Seller may provide a Tier 4 CP Termination Notice with immediate effect at any time prior to January 1, 2024 if it reasonably determines that any Tier 4 Seller’s CPs will not be achieved by January 1, 2024.

Appears in 1 contract

Samples: Power Purchase Agreement

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