Upon CPUC Approval. This Agreement shall be in full force and effect, enforceable and binding in all respects, upon occurrence of the date on which the CPUC Approval Condition Precedent has been obtained]6. Unless otherwise specified, all obligations of the Parties are binding throughout the Delivery Term. [CPUC Approval Delayed . CPUC Approval must be obtained on or before one hundred eighty (180) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”). If (a) CPUC Approval has not been obtained by this date, or (b) if the CPUC rejects this Agreement through a final and non-appealable order, then either Party may terminate this Agreement effective upon Notice to the other Party. Within ten (10) Business Days of such termination, Buyer shall return the Project Development Security to Seller. Following the return of the Project Development Security to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]7 Article Two CONDITIONS PRECEDENT TO INITIAL DELIVERY DATE Two.1Conditions Precedent to the Initial Delivery Date . Seller shall give Buyer Notice of the expected occurrence of the Initial Delivery Date no later than ninety (90) days prior to the Initial Delivery Date. Seller shall take all actions and obtain all approvals necessary to meet the obligations of this Agreement and to deliver the Product to Buyer pursuant to the terms of this Agreement, which include those obligations set forth below in Sections (a) – (k) (collectively the “Conditions Precedent”), which must be satisfied at least seventy-five (75) days before the Initial Delivery Date or such deadline as set forth below. The Conditions Precedent are as follows: (a) The Project is listed on the CAISO NQC List and is located in the Local Capacity Area listed in Appendix II, as identified in the CAISO Final Local Capacity Technical Study for the Delivery Term. (b) At Seller’s or Project Company’s expense, Seller or Project Company, as applicable, shall have secured all CAISO and Governmental Approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver the Product to Buyer. (c) At Seller’s or Project Company’s expense, the Project shall have been constructed and have achieved commercial operation such that, as of the Initial Delivery Date (i) Seller is able to satisfy its obligations herein and (ii) the Project is able to deliver Product in accordance with the terms hereof. (d) Seller shall have provided to Buyer a certification of Seller and a Licensed Professional Engineer, substantially in the form attached hereto as Appendix VI-A, demonstrating satisfactory completion of the Project at the Site and that the Commercial Operation Date has occurred. (e) Seller shall have provided to Buyer all documentation reasonably acceptable to Buyer demonstrating that the Project successfully completed all applicable testing and registration procedures required by CAISO to Bid into the CAISO Markets. (f) At Seller’s or Project Company’s expense, Seller shall have executed any necessary Interconnection Agreement and installed any necessary metering to deliver Product in accordance with the CAISO Tariff and any applicable tariffs of the Utility Distribution Company and the Participating Transmission Owner. (g) [Seller shall have delivered Performance Assurance as required by Section 10.4).]1 (h) As of the Initial Delivery Date, no Seller’s Event of Default shall have occurred and remain uncured. [Reserved.]
Appears in 2 contracts
Samples: Cpe Resource Adequacy Agreement, Cpe Resource Adequacy Agreement
Upon CPUC Approval. This Agreement shall be in full force and effect, enforceable and binding in all respects, upon occurrence of the date on which the CPUC Approval Condition Precedent has been obtained]6obtained]9. Unless otherwise specified, all obligations of the Parties are binding throughout the Delivery Term. [CPUC Approval Delayed . CPUC Approval must be obtained on or before one hundred eighty (180) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”). If (a) CPUC Approval has not been obtained by this date, or (b) if the CPUC rejects this Agreement through a final and non-appealable order, then either Party may terminate this Agreement effective upon Notice to the other Party. Within ten (10) Business Days of such termination, termination Buyer shall return the Project Development Security Performance Assurance to Seller. Following the return of the Project Development Security Performance Assurance to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]7 termination.]10 Article Two CONDITIONS PRECEDENT COVENANTS PRIOR TO THE INITIAL DELIVERY DATE Two.1Conditions Precedent Two.1Certain Covenants Prior to the Initial Delivery Date . Seller shall give Buyer Notice of the expected occurrence of the Initial Delivery Date no later than ninety (90) days prior to the Initial Delivery Date. Seller shall take all actions and obtain all approvals necessary to meet the obligations of this Agreement and to deliver the Product to Buyer pursuant to the terms of this Agreement, which include those obligations the covenants set forth below in Sections (a2.1(a) – (k) (collectively the “Conditions Precedent”), which must be satisfied performed or complied with by Seller at least seventy-five (75) days before the Initial Delivery Date or such deadline as set forth below. The Conditions Precedent are as follows:.
(a) The Project is shall be listed on the CAISO NQC List and is shall be located in the Local Capacity Area listed in Appendix II, as identified in the CAISO Final Local Capacity Technical Study for the Delivery Term.
(b) At Seller’s or Project Company’s expense, Seller or Project Company, as applicable, shall have secured all CAISO and Governmental Approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver the Product to Buyer.
(c) At Seller’s or Project Company’s expense, the Project shall have been constructed and have achieved commercial operation such that, as of the Initial Delivery Date (i) Seller is able to satisfy its obligations herein and (ii) the Project is able to deliver Product in accordance with the terms hereof.
(d) Seller shall have provided to Buyer a certification of Seller and a Licensed Professional Engineer, substantially in the form attached hereto as Appendix VI-A, demonstrating satisfactory completion of the Project at the Site and that the Commercial Operation Date has occurred.
(e) Seller shall have provided to Buyer all documentation reasonably acceptable to Buyer demonstrating that the Project successfully completed all applicable testing and registration procedures required by CAISO to Bid into the CAISO Markets.
(f) At Seller’s or Project Company’s expense, Seller shall have executed any necessary Interconnection Agreement and installed any necessary metering to deliver Product in accordance with the CAISO Tariff and any applicable tariffs of the Utility Distribution Company and the Participating Transmission Owner.
(g) [Seller shall have delivered Performance Assurance as required by Section 10.4).]1
(h) As of the Initial Delivery Date, no Seller’s Event of Default shall have occurred and remain uncured. [Reserved.]
Appears in 1 contract
Samples: Cpe Resource Adequacy Agreement
Upon CPUC Approval. This Agreement shall be in full force and effect, enforceable and binding in all respects, upon occurrence of the date on which the CPUC Approval Condition Precedent has been obtained]6obtained]7. Unless otherwise specified, all obligations of the Parties are binding throughout the Delivery Term. [CPUC Approval Delayed . CPUC Approval must be obtained on or before one hundred eighty (180) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”). If (a) CPUC Approval has not been obtained by this date, or (b) if the CPUC rejects this Agreement through a final and non-appealable order, then either Party may terminate this Agreement effective upon Notice to the other Party. Within ten (10) Business Days of such termination, Buyer shall return the Project Development Security to Seller. Following the return of the Project Development Security to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]7 termination.]8 Article Two CONDITIONS PRECEDENT TO INITIAL DELIVERY DATE Two.1Conditions Precedent to the Initial Delivery Date . Seller shall give Buyer Notice of the expected occurrence of the Initial Delivery Date no later than ninety (90) days prior to the Initial Delivery Date. Seller shall take all actions and obtain all approvals necessary to meet the obligations of this Agreement and to deliver the Product to Buyer pursuant to the terms of this Agreement, which include those obligations set forth below in Sections (a) – (k) (collectively the “Conditions Precedent”), which must be satisfied at least seventy-five (75) days before the Initial Delivery Date or such deadline as set forth below. The Conditions Precedent are as follows:
(a) The Project is listed on the CAISO NQC List and is located in the Local Capacity Area listed in Appendix II, as identified in the CAISO Final Local Capacity Technical Study for the Delivery Term.
(b) At Seller’s or Project Company’s expense, Seller or Project Company, as applicable, shall have secured all CAISO and Governmental Approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver the Product to Buyer.
(c) At Seller’s or Project Company’s expense, the Project shall have been constructed and have achieved commercial operation such that, as of the Initial Delivery Date (i) Seller is able to satisfy its obligations herein and (ii) the Project is able to deliver Product in accordance with the terms hereof.
(d) Seller shall have provided to Buyer a certification of Seller and a Licensed Professional Engineer, substantially in the form attached hereto as Appendix VI-A, demonstrating satisfactory completion of the Project at the Site and that the Commercial Operation Date has occurred.
(e) Seller shall have provided to Buyer all documentation reasonably acceptable to Buyer demonstrating that the Project successfully completed all applicable testing and registration procedures required by CAISO to Bid into the CAISO Markets.
(f) At Seller’s or Project Company’s expense, Seller shall have executed any necessary Interconnection Agreement and installed any necessary metering to deliver Product in accordance with the CAISO Tariff and any applicable tariffs of the Utility Distribution Company and the Participating Transmission Owner.
(g) [Seller shall have delivered Performance Assurance as required by Section 10.4).]110.4.]1
(h) As of the Initial Delivery Date, no Seller’s Event of Default shall have occurred and remain uncured.
(i) At least ninety (90) days prior to the Initial Delivery Date, Seller shall have submitted to Buyer Attestations in accordance with Section Error: Reference source not found and the Attestations shall be substantially in the forms attached hereto as Appendices VI-C and VI-D.
(j) Seller shall have obtained certification of Product in accordance with the CAISO Tariff and CPUC requirements applicable to Product, all as verifiable by Buyer.
(k) [Seller shall have satisfied all Project specific conditions precedent set forth in Part 1 of Appendix XIV.]2 Two.2Confirmation of Initial Delivery Date . [ReservedOnce each of the Conditions Precedent to the Initial Delivery Date has been satisfied or waived, the Parties shall execute and exchange on the Initial Delivery Date the “Initial Delivery Date Confirmation Letter” attached as Appendix IV. Two.3Deadline for the Initial Delivery Date .]
(a) The Initial Delivery Date may not occur prior to the Expected Initial Delivery Date, and the Initial Delivery Date may not be later than two (2) calendar months after the Expected Initial Delivery Date (“IDD Cure Period”), The calendar month containing the Expected Initial Delivery Date shall be counted as the first calendar month of such two (2) calendar month period The Parties agree that, in order for Seller to obtain an Initial Delivery Date, the Parties may have to perform certain of their Delivery Term obligations in advance of the Initial Delivery Date, including providing Supply Plans in advance of the Initial Delivery Date. The Parties shall cooperate with each other in order for Buyer to be able to utilize the Product beginning on the Initial Delivery Date and Seller agrees to cause the Project’s SC to cooperate in order to achieve the same.
Appears in 1 contract
Samples: Cpe Resource Adequacy Agreement
Upon CPUC Approval. This Agreement shall be in full force and effect, enforceable and binding in all respects, upon occurrence of the date on which the CPUC Approval Condition Precedent has been obtained]6obtained]9. Unless otherwise specified, all obligations of the Parties are binding throughout the Delivery Term. [CPUC Approval Delayed . CPUC Approval must be obtained on or before one hundred eighty (180) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”). If (a) CPUC Approval has not been obtained by this date, or (b) if the CPUC rejects this Agreement through a final and non-appealable order, then either Party may terminate this Agreement effective upon Notice to the other Party. Within ten (10) Business Days of such termination, termination Buyer shall return the Project Development Security Performance Assurance to Seller. Following the return of the Project Development Security Performance Assurance to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]7 termination.]10 Article Two CONDITIONS PRECEDENT COVENANTS PRIOR TO THE INITIAL DELIVERY DATE Two.1Conditions Precedent Two.1Certain Covenants Prior to the Initial Delivery Date . Seller shall give Buyer Notice of the expected occurrence of the Initial Delivery Date no later than ninety (90) days prior to the Initial Delivery Date. Seller shall take all actions and obtain all approvals necessary to meet the obligations of this Agreement and to deliver the Product to Buyer pursuant to the terms of this Agreement, which include those obligations the covenants set forth below in Sections (a2.1(a) – (k) (collectively the “Conditions Precedent”), which must be satisfied performed or complied with by Seller at least seventy-five (75) days before the Initial Delivery Date or such deadline as set forth below. The Conditions Precedent are as follows:.
(a) The Project is shall be listed on the CAISO NQC List and is shall be located in the Local Capacity Area listed in Appendix II, as identified in the CAISO Final Local Capacity Technical Study for the Delivery Term.
(b) At Seller’s or Project Company’s expense, Seller or Project Company, as applicable, shall have secured all CAISO and Governmental Approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver the Product to Buyer.
(c) At Seller’s or Project Company’s expense, the Project shall have been constructed be fully operational and have achieved commercial operation such that, as of the Initial Delivery Date (i) Seller is shall be able to satisfy its obligations herein and (ii) the Project is shall be able to deliver Product in accordance with the terms hereof.
(d) Seller shall have provided to Buyer a certification of Seller and a Licensed Professional Engineer, substantially in the form attached hereto as Appendix VI-A, demonstrating satisfactory completion of the Project at the Site and that the Commercial Operation Date has occurred[Reserved].
(e) If requested by Xxxxx, Seller shall have provided to Buyer all documentation reasonably acceptable to Buyer demonstrating that the Project successfully completed all applicable testing and registration procedures required by CAISO to Bid into the CAISO Markets.
(f) At Seller’s or Project Company’s expense, Seller shall have provided an executed copy of any necessary Interconnection Agreement and requested by Buyer and, at Seller’s expense, installed any necessary metering to deliver Product in accordance with the CAISO Tariff and any applicable tariffs of the Utility Distribution Company and the Participating Transmission Owner.
(g) [Seller shall have delivered Performance Assurance as required by Section 10.4).]110.4(a).]1
(h) As [Reserved].
(i) [Reserved].
(j) Seller shall have obtained certification of Product in accordance with the CAISO Tariff and CPUC requirements applicable to Product, all as verifiable by Buyer.
(k) [Seller shall have satisfied all Project specific covenants set forth in Part 1 of Appendix XIV.]2 Two.2Additional Agreements for the Initial Delivery Date . The Parties agree that the Parties may have to perform certain of their Delivery Term obligations in advance of the Initial Delivery Date, no Sellerincluding providing Supply Plans in advance of the Initial Delivery Date. The Parties shall cooperate with each other in order for Buyer to be able to utilize the Product beginning on the Initial Delivery Date and Seller agrees to cause the Project’s Event of Default SC to cooperate in order to achieve the same. Article Three TRANSACTION Three.1Product . Seller shall have occurred and remain uncuredprovide Buyer the Capacity Attributes which must be exclusively from the Project during the applicable Contract Month, in each case, as set forth in Appendix II (“Product”). [ReservedProduct does not confer to Buyer any right to dispatch or receive Energy or Ancillary Services from the Project.]
Appears in 1 contract
Samples: Cpe Resource Adequacy Agreement
Upon CPUC Approval. This Agreement shall be in full force and effect, enforceable and binding in all respects, upon occurrence of the date on which the CPUC Approval Condition Precedent has been obtained]6obtained]7. Unless otherwise specified, all obligations of the Parties are binding throughout the Delivery Term. [CPUC Approval Delayed . CPUC Approval must be obtained on or before one hundred eighty (180) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”). If (a) CPUC Approval has not been obtained by this date, or (b) if the CPUC rejects this Agreement through a final and non-appealable order, then either Party may terminate this Agreement effective upon Notice to the other Party. Within ten (10) Business Days of such termination, Buyer shall return the Project Development Security to Seller. Following the return of the Project Development Security to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]7 termination.]8 Article Two CONDITIONS PRECEDENT TO INITIAL DELIVERY DATE Two.1Conditions Precedent to the Initial Delivery Date . Seller shall give Buyer Notice of the expected occurrence of the Initial Delivery Date no later than ninety (90) days prior to the Initial Delivery Date. Seller shall take all actions and obtain all approvals necessary to meet the obligations of this Agreement and to deliver the Product to Buyer pursuant to the terms of this Agreement, which include those obligations set forth below in Sections (a) – (k) (collectively the “Conditions Precedent”), which must be satisfied at least seventy-five (75) days before the Initial Delivery Date or such deadline as set forth below. The Conditions Precedent are as follows:
(a) The Project is listed on the CAISO NQC List and is located in the Local Capacity Area listed in Appendix II, as identified in the CAISO Final Local Capacity Technical Study for the Delivery Term.
(b) At Seller’s or Project Company’s expense, Seller or Project Company, as applicable, shall have secured all CAISO and Governmental Approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver the Product to Buyer.
(c) At Seller’s or Project Company’s expense, the Project shall have been constructed and have achieved commercial operation such that, as of the Initial Delivery Date (i) Seller is able to satisfy its obligations herein and (ii) the Project is able to deliver Product in accordance with the terms hereof.
(d) Seller shall have provided to Buyer a certification of Seller and a Licensed Professional Engineer, substantially in the form attached hereto as Appendix VI-A, demonstrating satisfactory completion of the Project at the Site and that the Commercial Operation Date has occurred.
(e) Seller shall have provided to Buyer all documentation reasonably acceptable to Buyer demonstrating that the Project successfully completed all applicable testing and registration procedures required by CAISO to Bid into the CAISO Markets.
(f) At Seller’s or Project Company’s expense, Seller shall have executed any necessary Interconnection Agreement and installed any necessary metering to deliver Product in accordance with the CAISO Tariff and any applicable tariffs of the Utility Distribution Company and the Participating Transmission Owner.
(g) [Seller shall have delivered Performance Assurance as required by Section 10.4).]110.4.]1
(h) As of the Initial Delivery Date, no Seller’s Event of Default shall have occurred and remain uncured.
(i) At least ninety (90) days prior to the Initial Delivery Date, Seller shall have submitted to Buyer a Project Safety Plan and Attestation in accordance with Section Article Eleven(ii) and the Attestation shall be substantially in the forms attached hereto as Appendices VI-C and VI-D.
(j) Seller shall have obtained certification of Product in accordance with the CAISO Tariff and CPUC requirements applicable to Product, all as verifiable by Buyer.
(k) Seller shall have satisfied all Project specific conditions precedent set forth in Part 1 of Appendix XIV. [ReservedTwo.2Confirmation of Initial Delivery Date . Once each of the Conditions Precedent to the Initial Delivery Date has been satisfied or waived, the Parties shall execute and exchange on the Initial Delivery Date the “Initial Delivery Date Confirmation Letter” attached as Appendix IV. Two.3Deadline for the Initial Delivery Date .]
(a) The Initial Delivery Date may not occur prior to the Expected Initial Delivery Date, and the Initial Delivery Date may not be later than two (2) calendar months after the Expected Initial Delivery Date (“IDD Cure Period”), The calendar month containing the Expected Initial Delivery Date shall be counted as the first calendar month of such two (2) calendar month period The Parties agree that, in order for Seller to obtain an Initial Delivery Date, the Parties may have to perform certain of their Delivery Term obligations in advance of the Initial Delivery Date, including providing Supply Plans in advance of the Initial Delivery Date. The Parties shall cooperate with each other in order for Buyer to be able to utilize the Product beginning on the Initial Delivery Date and Seller agrees to cause the Project’s SC to cooperate in order to achieve the same.
Appears in 1 contract
Samples: Cpe Resource Adequacy Agreement
Upon CPUC Approval. This Agreement shall be in full force and effect, enforceable and binding in all respects, upon occurrence of the date on which the CPUC Approval Condition Precedent has been obtained]6obtained]9. Unless otherwise specified, all obligations of the Parties are binding throughout the Delivery Term. [CPUC Approval Delayed . CPUC Approval must be obtained on or before one hundred eighty (180) days from the date on which Buyer files this Agreement with the CPUC seeking CPUC Approval (“CPUC Approval Condition Precedent”). If (a) CPUC Approval has not been obtained by this date, or (b) if the CPUC rejects this Agreement through a final and non-appealable order, then either Party may terminate this Agreement effective upon Notice to the other Party. Within ten (10) Business Days of such termination, Buyer shall return the Project Development Security Performance Assurance to Seller. Following the return of the Project Development Security Performance Assurance to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]7 termination.]10 Article Two CONDITIONS PRECEDENT COVENANTS PRIOR TO THE INITIAL DELIVERY DATE Two.1Conditions Precedent Two.1Certain Covenants Prior to the Initial Delivery Date . Seller shall give Buyer Notice of the expected occurrence of the Initial Delivery Date no later than ninety (90) days prior to the Initial Delivery Date. Seller shall take all actions and obtain all approvals necessary to meet the obligations of this Agreement and to deliver the Product to Buyer pursuant to the terms of this Agreement, which include those obligations the covenants set forth below in Sections (a2.1(a) – (k) (collectively the “Conditions Precedent”), which must be satisfied performed or complied with by Seller at least seventy-five (75) days before the Initial Delivery Date or such deadline as set forth below. The Conditions Precedent are as follows:
(a) The Project is listed on the CAISO NQC List and is located in the Local Capacity Area listed in Appendix II, as identified in the CAISO Final Local Capacity Technical Study for the Delivery Term.
(b) At Seller’s or Project Company’s expense, Seller or Project Company, as applicable, shall have secured all CAISO and Governmental Approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver the Product to Buyer.
(c) At Seller’s or Project Company’s expense, the Project shall have been constructed and have achieved commercial operation such that, as of the Initial Delivery Date (i) Seller is able to satisfy its obligations herein and (ii) the Project is able to deliver Product in accordance with the terms hereof.
(d) Seller shall have provided to Buyer a certification of Seller and a Licensed Professional Engineer, substantially in the form attached hereto as Appendix VI-A, demonstrating satisfactory completion of the Project at the Site and that the Commercial Operation Date has occurred.
(e) Seller shall have provided to Buyer all documentation reasonably acceptable to Buyer demonstrating that the Project successfully completed all applicable testing and registration procedures required by CAISO to Bid into the CAISO Markets.
(f) At Seller’s or Project Company’s expense, Seller shall have executed any necessary Interconnection Agreement and installed any necessary metering to deliver Product in accordance with the CAISO Tariff and any applicable tariffs of the Utility Distribution Company and the Participating Transmission Owner.
(g) [Seller shall have delivered Performance Assurance as required by Section 10.4).]1
(h) As of the Initial Delivery Date, no Seller’s Event of Default shall have occurred and remain uncured. [Reserved.]
Appears in 1 contract
Samples: Cpe Resource Adequacy Agreement
