Examples of Required Commercial Operation Date in a sentence
If Seller fails to achieve Commercial Operation of the Facility by the Required Commercial Operation Date, Seller must pay Delay Damages to PSE for each Day of delay after the Required Commercial Operation Date (including any partial Day) until the earlier of (a) Commercial Operation of the Facility, (b) the date that Seller notifies PSE that Commercial Operation will not be achieved, or (c) ninety (90) Days after the Required Commercial Operation Date.
No Force Majeure Event will extend this BESSA beyond the stated Term or excuse Seller from not achieving Commercial Operation of the Facility by the Required Commercial Operation Date beyond what is provided for in Section 9.1.
If Delay Damages are owed under this Section 9.1, no later than five (5) Business Days after the Required Commercial Operation Date, Seller must provide Eligible Collateral to PSE in the amount equal to the lesser of [ ] per kW ($[ ]/kW) and [ ] ($[ ]), which Eligible Collateral will be in addition to the Performance Security.
Seller must promptly notify PSE in writing of any issue, event or other development that has impacted, or would reasonably be expected to impact, Seller or the development, construction, or completion of the Facility such that Seller is unlikely to (a) achieve Commercial Operation by the Required Commercial Operation Date, or (b) timely achieve any other Milestone.