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.
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.
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.
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.
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.
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.
A performance test shall be conducted upon the Facility Completion Date.
Without prejudice to paragraph 6.2, the Contractor shall procure that, from and including the Target Facility Completion Date for the Second Waste to Energy Plant up to and including the last day of the Contract Year following the Contract Year in which the Target Facility Completion Date falls, and for each subsequent Contract Year throughout the Project Period, not less than 40 per cent of the Relevant Waste is recovered.
For all tests prior to the Facility Completion Date, the Energy produced by Seller shall be scheduled by Seller into the CAL ISO controlled grid and Seller shall bear all costs for such tests and receive all revenues from the sale of such Energy.