Power Island definition
Examples of Power Island in a sentence
One or more Purchasers intends to purchase from the applicable Sellers up to [***] Power Island Systems (in addition to Power Island Systems purchased pursuant to the First PIS Purchase Order, the Second PIS Purchase Order and the Third PIS Purchase Order) pursuant to one (1) or more PIS Purchase Orders, subject to the terms and conditions of this Agreement.
The foregoing reservation of manufacturing capacity shall expire, if at all, on [***] (the “Fourth PIS Order End Date”) if a Purchaser has not executed a definitive purchase agreement in the form attached hereto as Exhibit B for one (1) Power Island System, which at Purchaser’s election may be comprised of Tranche A and Tranche B (a “PIS Purchase Order”) (such PIS Purchase Order, the “Fourth PIS Purchase Order”) on or before the Fourth PIS Order End Date.
Notwithstanding Section 2.1(b)(i), VGLNG and BH acknowledge and agree that, subject to Section 2.3(b)(iv), neither VGLNG nor any Purchaser shall be obligated to purchase or pay for, and neither BH nor any Seller shall be obligated to sell or supply, any of the Power Island Systems unless or until a definitive PIS Purchase Order is executed by the applicable Purchaser and the applicable Seller.
The applicable Seller shall deliver each Power Island System DDP to the applicable Delivery Point (Incoterms 2010).
Purchaser shall reimburse the applicable Seller pursuant to the PIS Purchase Order requirements for all reasonable, documented out-of-pocket PIS Duties and PIS Transportation Costs incurred by the applicable Seller, plus a fixed fee of [***] for the applicable Seller’s management of the Power Island System deliveries.
BH represents and warrants to VGLNG that Appendix C to the PIS Purchase Order (the “Power Island System Scope of Supply”) includes all of the necessary obligations that are required to be performed by an applicable Seller in order for each of the Power Island Systems to operate in accordance with the requirements of the PIS Purchase Order and satisfy the design codes, standards and the performance guarantees set forth in the PIS Purchase Order.
VGLNG and the applicable Seller shall negotiate in good faith the pricing for an Alternative Configuration of the Power Island System in accordance with Section 2.2(b)(iii) if such Alternative Configuration is selected by a Purchaser.
At least [***] prior to the delivery of the first component under a PIS Purchase Order, the applicable Seller shall provide to Purchaser for Purchaser’s review and approval a plan for the delivery of the Power Island System, in accordance with the delivery schedule, including the identity of the transportation vendors and the estimated PIS Transportation Costs for such PIS Purchase Order, such approval not to be unreasonably withheld, conditioned or delayed.
Notwithstanding Section 2.3(b)(ii), BH and VGLNG acknowledge and agree that the Power Island System Scope of Supply describes the items for the Power Island System being provided in general, but not in complete detail.
The PIS Purchase Price shall not include any Power Island System duties and tariffs paid by the applicable Seller to deliver each Power Island System in accordance with the preceding sentence (“PIS Duties”), and physical transportation costs, exclusive of insurance costs and taxes associated with physical transportation costs other than PIS Duties, for each such Power Island System (“PIS Transportation Costs”).