Examples of Actual Commercial Operation Date in a sentence
Seller warrants that, on and following the Actual Commercial Operation Date and throughout the Term, the System, its engineering, design, and installation, its components and related work, shall be free from material defects caused by errors or omissions in design, engineering, and installation.
Seller acknowledges and agrees that its pricing and amounts payable by Purchaser hereunder takes into account any and all Services performed, including any such services performed by its Subcontractors, and all liability incurred by Seller in satisfying all obligations during the period between the Contract Date and the Actual Commercial Operation Date.
Commencing with the first Billing Month and for each Billing Month thereafter, Purchaser shall pay to Seller the Monthly Fee for Services properly performed pursuant to the terms of this Agreement and in accordance with the calculation set forth in Section 10.2. During the period between the Contract Date and the Actual Commercial Operation Date, Seller shall receive no compensation hereunder, and no compensation shall accrue whatsoever.
On or before the anniversary of each Billing Year following the Actual Commercial Operation Date, Seller shall document the transfer of Environmental Attributes to Purchaser hereunder by executing and delivering to Purchaser an attestation of Environmental Attributes transferred under this Agreement in the preceding Billing Year.
All Punch List items shall be resolved prior to the Actual Commercial Operation Date, unless otherwise agreed in writing by Purchaser.
Beginning on the Actual Commercial Operation Date and during each Billing Year throughout the Term, Seller guarantees to deliver Output to Purchaser not less than ninety percent (90%) of the Annual Contract Quantity (in kWh) for such Billing Year, as adjusted by the Site Adjustment Factor (the “Output Guarantee”).
In the event that WREGIS is not in operation as of the Actual Commercial Operation Date, Seller shall perform its obligations, as required under this Section as soon as WREGIS is in operation.
Following receipt of such Final Completion Certificate, Purchaser shall review such certificate and documentation for purposes of determining if Final Completion has been achieved and consideration of the proposed Actual Commercial Operation Date.
Commencing on the first anniversary date of the Actual Commercial Operation Date, and every anniversary date thereafter during the Term, the applicable Contract Price shall be escalated to reflect the Annual Escalation Adjustment as set forth in Exhibit 6- [Contract Price].
Following Purchaser satisfaction, in its discretion, of Final Completion of the System, Purchaser shall countersign and deliver to Seller the Final Completion Certificate to indicate its agreement that Final Completion has been achieved and the Parties’ agreement of the Actual Commercial Operation Date for purposes of this Agreement.