Examples of Facility Completion Date in a sentence
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.
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.
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.
In addition, to the extent that the Facility Completion Date is delayed as a result of a Delivery Event which prevents testing of the Facility, then the Facility Completion Date shall be extended, in each case by the period of such Delivery Event.
From the date of execution of this Agreement through the Facility Completion Date, Seller shall supply progress reports to Department monthly, within fifteen (15) Days after the end of each month, describing progress toward completion of the Major Milestones.
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.
A performance test shall be conducted upon the Facility Completion Date.
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.
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.
No sales, use, excise, transfer or other similar tax, fee or imposition shall result from the sale, transfer, purchase of or holding title to the Leased Property, except such taxes, fees or impositions that will have been paid in full on or prior to the Facility Completion Date, with respect to the Site and Facility, and which are in each case described or provided for in the Project Budget, or that may be payable on the termination of the Lease.