Drafting Note. For PPA with energy payment, use the following in lieu of the above: Subject to the other provisions of this Agreement: (i) Company shall, by an Energy Payment, pay for the Actual Output produced by the Facility and delivered to the Point of Interconnection in response to Company Dispatch of the Facility; and (ii) Company shall, by a Lump Sum Payment, pay for the availability of the Facility's Net Energy Potential and the availability of the XXXX to respond to Company Dispatch in accordance with this Agreement. Included in such purchase and sale of electric energy and such purchase and sale of dispatchability are all of the Environmental Credits associated with the electric energy. Company will not reimburse Seller for any taxes or fees imposed on Seller including, but not limited to, State of Hawai‘i general excise tax.]
Drafting Note. Add the following subclause if PPA has energy payment: “(iv) the charge for electric energy purchased by Company, as set forth in Attachment J (Company Payments for Energy, Dispatchability and Availability of XXXX) of this Agreement”]
Drafting Note. If PPA has an energy payment, replace language starting from subclause “(ii)” with the following: “(ii) the information required under Section 2.17 (Seller's Preparation of the Monthly Invoice) of this Agreement. However, if Company is not timely in providing data required in Section 2.16 (Company's Obligation to Provide Certain Data) and this directly causes Seller to be unable to deliver its invoice in accordance with the time frame set forth in Section 2.17 (Seller's Preparation of the Monthly Invoice), then Company shall still meet the payment date of the twentieth (20th) Business Day of the month following the month during which the invoice was submitted. If Seller is unable to provide a complete invoice for the reasons set forth in the preceding sentence, an estimated payment, subject to reconciliation with the complete invoice, may be made by Company as an interim provision until a complete invoice can be prepared by Seller and received by Company.”]
Examples of Drafting Note in a sentence
For the purposes of section 7.11(5)(b) of the Act, Council accepts the provision of the Works as a material public benefit in [Drafting Note: Insert ‘part’ or ‘full’] satisfaction of the requirement of the Developer to pay the Monetary Contributions to the extent of the Contribution Values.
More Definitions of Drafting Note
Drafting Note. If PPA has an energy payment, replace this section with the following: Company's Billing Records. Seller, after giving reasonable advance written notice to Company, shall have the right to review all billing, metering and related records necessary to verify the accuracy of the data provided by Company pursuant to Section 2.16 (Company's Obligation to Provide Certain Data) and payments relating to the Facility during Company's normal working hours on Business Days. Company shall maintain such records for a period of not less than thirty-six (36) months.]
Drafting Note. The round trip efficiency percentage will be taken from Seller's response to the RFP.]
Drafting Note. If there is no Energy Payment, replace this paragraph with [RESERVED]]Payment for Electric Energy. Commencing on the Commercial Operations Date, in exchange for the electric energy delivered to the Point of Interconnection in response to Company Dispatch, Seller will be paid an Energy Payment on a monthly basis as provided in Section 1 (Price for Purchase of Electric Energy) of Attachment J (Company Payments for Energy, Dispatchability and Availability of XXXX) to this Agreement.
Drafting Note. The table under item (a) applies where the Project relates to a study, and the table under item (b) applies where the Project relates to demonstration and deployment. ARENA will assist the Recipient in identifying which table applies to the Project.] ARENA may make requests from Projects (and portfolios of Projects) for particular topics to be covered either through lessons learnt reports (where applicable) or ad hoc reports, as required. Where ARENA has not made a specific request, topics are to be relevant and/or topical and have an appreciation for the key audiences. For the avoidance of doubt, business development and marketing material is not considered to be Knowledge Sharing Deliverables. All deliverables are to be:
Drafting Note. TO THE EXTENT THAT ENCUMBRANCES (OTHER THAN "LIENS REMOVABLE BY BNPLC") ARE IDENTIFIED IN ADDITION TO THOSE DESCRIBED BELOW, SUCH ADDITIONAL ENCUMBRANCES WILL BE ADDED TO THE LIST BELOW AND THIS "DRAFTING NOTE" WILL BE DELETED BEFORE THIS DEED IS ACTUALLY EXECUTED AND DELIVERED BY BNPLC. SUCH ADDITIONAL ENCUMBRANCES WOULD INCLUDE ANY NEW ENCUMBRANCES APPROVED BY BNPLC AS "PERMITTED ENCUMBRANCES" UNDER THE LAND LEASE OR THE OTHER LEASE AGREEMENT FROM TIME TO TIME OR BECAUSE OF NAI'S REQUEST FOR BNPLC'S CONSENT OR APPROVAL TO AN ADJUSTMENT.] This conveyance is subject to all encumbrances not constituting a "Lien Removable by BNPLC" (as defined in the Common Definitions and Provisions Agreement (Phase II - Land) incorporated by reference into the Lease Agreement (Phase II - Land) referenced in the last item of the list below), including the following matters to the extent the same are still valid and in force:
Drafting Note. Add any Project technology specific covenants prior to the Initial Delivery Date, e.g.
Drafting Note. As an alternative to the approach contemplated under clauses 3.1 and 3.2, a near complete version of the applicable Access Agreement (modified in accordance with schedule 1) could be annexed to this Deed. This clause 3 could be amended to provide for the Access Seeker to enter into that version of the Access Agreement after any incomplete matters have been completed by Aurizon Network. This clause 3 (and associated definitions) would need to be amended to give effect to that alternative approach.]