Facility Completion definition
Examples of Facility Completion in a sentence
Notwithstanding the immediately foregoing sentence, the Trustees may waive the restrictions contained therein upon good cause shown and extend the date upon which the Facility Agreement and Facility Completion Schedule would be otherwise due.
A failure to provide the Trustees with the notice period and/or Facility Agreement, attorney review, or Facility Completion Schedule for the School Facility required by subsection 3.15(a) within the time frames set forth therein shall constitute good cause.
Prior to the Base Term Commencement Date, Construction Agent may exercise the rights set forth at Section 12.1 of the Lease subject to the terms and conditions set forth in that section; provided that no such test, challenge, appeal, proceeding, waiver, extension, forbearance or noncompliance shall result in a delay in the Facility Completion Date beyond the Outside Completion Date.
Notwithstanding Article VII or any other provision of this Agreement, and assuming no intentional breach by Seller hereunder, this Article IV shall provide Department's exclusive remedy in the event Seller fails to schedule, deliver or provide all or part of the Contract Capacity or Energy or if the Facility fails to achieve the Guaranteed Maximum Heat Rate, Facility Completion Date, or a particular Rated Capacity.
If the Facility Completion Date has not occurred by the target Facility Completion Date set forth in Appendix E, Department may require Seller to supply progress reports more frequently as reasonably determined necessary by the Department in its sole discretion.
For all tests after the Facility Completion Date, Seller and Department shall use commercially reasonable efforts to schedule such tests during periods in which Department has Dispatched the Facility to operate.
SILEVO further agrees in connection with the Manufacturing Operation, after Manufacturing Facility Completion, to achieve the levels of investments over the Term (as defined below) and the creation and retention of high tech jobs during the Term as outlined below and in accordance with the table attached and made an integral part of this Agreement as Exhibit A.
Upon the Facility Completion Date, the Seller shall perform a Performance Test in accordance with this Appendix F to determine the Rated Capacity as described in Section 2.02 (c) of this Agreement, and to determine the Net Plant Heat Rate as described in Section 4.02 (b) of this Agreement.
The term of this Agreement begins on the Effective Date and shall extend for ten (10) years from when Manufacturing Facility Completion has been achieved, unless the Parties extend the term of this Agreement in accordance with the terms of this Agreement or unless this Agreement is terminated by a Party in accordance with the terms of this Agreement (“Term”).
The Parties agree that Department's actual damages in the event Facility fails to achieve a particular availability or heat rate or Facility Completion Date would be extremely difficult or impracticable to determine and that, after negotiation, the Parties have agreed that the liquidated amounts set forth in Sections 4.01, 4.02 and 4.03 are a reasonable estimate of the damages that Department would incur as a result of such failures and delays.