Facility Size definition
Examples of Facility Size in a sentence
To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility Size as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.
Within thirty (30) days after the Commercial Operation Date and after the delivery of each Additional Construction Certificate, as applicable, Seller shall provide Buyer with an updated version of Exhibit A and Exhibit E solely to reflect the Actual Facility Size, the serial number of each turbine included in the Facility, and the Related Transmission Facilities, each as built and configured as of the Commercial Operation Date.
If there is an Accordion Facility Shortfall relating to the Proposed Facility Size set out in the Accordion Facility Proposal, the Corporate Guarantor shall invite each Participating Lender under the Accordion Facility Proposal to increase the proposed Accordion Facility Commitment offered by it in respect of the Accordion Facility proposed in the Accordion Facility Proposal by an amount no greater than that Accordion Facility Shortfall.
To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Expected Nameplate Capacity as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.
The EDC and its representatives shall have the right, but not the obligation, during business hours, upon reasonable notice to Customer, to visit and view the Facility site including, but not limited to, the purposes of verifying compliance with the Facility’s description as provided in the Cover Sheet, and final Facility Size as of its In-Service Date.
The final Facility Size shall be based on the Facility’s as-built configuration as noted in the Approval to Energize letter issued by the EDC.
Customer shall provide notice to the EDC of the In-Service Date and final Facility Size within ten (10) Business Days of the commencement of energy production.
However, the Final Facility Size shall then be limited to the historical load provisions as outlined in the Program Rules and as applicable to the Project, and the Project will only be eligible to receive compensation for the energy and RECs that are generated once the In-Service Date occurs.
Upon Seller giving the notice to proceed with the construction of the Facility and again within thirty (30) days after the Commercial Operation Date, or the delivery of the Additional Construction IE Certificate, as applicable, Seller shall provide Buyer with updated versions of Exhibit A to reflect the as-built Facility, including the Actual Facility Size.
Facilities shall be constructed substantially as described in the Tariff Terms Agreement and shall also be subject to the provisions outlined in the Facility Size section herein.