WTG Substantial Completion definition
Examples of WTG Substantial Completion in a sentence
For the purposes of this Agreement, the date of achievement of Foundation Completion, Commissioning and Turnover of Electrical Works, Mechanical Completion, WTG Substantial Completion, Project Substantial Completion or Final Completion, as the case may be, shall the date set forth in the applicable Completion Certificate by Contractor as to when such completion occurred that Owner ultimately accepts.
The Party affected by the occurrence of a Force Majeure Event shall exercise all commercially reasonable efforts, to mitigate the damages to the other Party and any delay in the achievement of the WTG Substantial Completion.
Following a determination by Seller that WTG Substantial Completion has been achieved, Seller shall deliver a WTG Substantial Completion Certificate to Owner identifying the date on which WTG Substantial Completion occurred, in the form of Exhibit Q.
Without limiting the generality of Section 2.2.2 and for purpose of clarity, Seller has the sole responsibility for making any option, construction or other payments due to landowners pursuant to the Land Contracts which arise prior to the Closing Date or that relate to WTGs that did not achieve WTG Substantial Completion, and the other portions of the Project with respect to which Project Substantial Completion was not achieved, on or prior to the Closing Date.
Further, such deemed Commissioning shall not excuse Seller from performing its obligations under this Agreement (other than those obligations described in the immediately preceding sentence), including, to the extent possible, finalizing the Punch List and completing other work necessary in order for such WTG to achieve WTG Substantial Completion and Project Substantial Completion.
The Production Tax Credit Holdback shall, without duplication, be the sole and exclusive measure of damages with respect to Seller’s failure to achieve WTG Substantial Completion for any WTG by the Production Tax Credit Qualifying Deadline.