Common use of Upon CPUC Approval Clause in Contracts

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]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 Performance Assurance to Seller. Following the return of the Performance Assurance to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]10 Article Two COVENANTS PRIOR TO THE INITIAL DELIVERY DATE Two.1Certain Covenants 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 the covenants set forth below in Sections 2.1(a) – (k), which must be performed or complied with by Seller at least seventy-five (75) days before the Initial Delivery Date or such deadline as set forth below.

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]9obtained]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 termination, Buyer shall return the Performance Assurance Project Development Security to Seller. Following the return of the Performance Assurance Project Development Security to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]10 termination.]7 Article Two COVENANTS PRIOR CONDITIONS PRECEDENT TO THE INITIAL DELIVERY DATE Two.1Certain Covenants Prior 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 the covenants those obligations set forth below in Sections 2.1(a(a) – (k) (collectively the “Conditions Precedent”), which must be performed or complied with by Seller 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:

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]9obtained]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 termination, Buyer shall return the Performance Assurance Project Development Security to Seller. Following the return of the Performance Assurance Project Development Security to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]10 termination.]8 Article Two COVENANTS PRIOR CONDITIONS PRECEDENT TO THE INITIAL DELIVERY DATE Two.1Certain Covenants Prior 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 the covenants those obligations set forth below in Sections 2.1(a(a) – (k) (collectively the “Conditions Precedent”), which must be performed or complied with by Seller 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:

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]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 Performance Assurance to Seller. Following the return of the Performance Assurance to Seller, neither Party shall have any obligation or liability to the other by reason of such termination.]10 Article Two COVENANTS PRIOR TO THE INITIAL DELIVERY DATE Two.1Certain Covenants 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 the covenants set forth below in Sections 2.1(a) – (k), which must be performed or complied with by Seller at least seventy-five (75) days before the Initial Delivery Date or such deadline as set forth below.