Common use of CONDITIONS PRECEDENT‌ 3.1 Initial Delivery Date Clause in Contracts

CONDITIONS PRECEDENT‌ 3.1 Initial Delivery Date. The Initial Delivery Date shall occur upon the satisfaction or waiver in writing by Buyer of the following conditions precedent:‌ (a) the Facility Commercial Operation Date shall have occurred or will occur simultaneously with the Initial Delivery Date; (b) Seller shall have obtained (and demonstrated possession of) all Permits required to commence delivery of Energy from the Facility and satisfy the conditions of Facility Commercial Operation, other than those that would not have a material adverse effect on Seller’s ability to perform its obligations under this Agreement; (c) no Seller Event of Default shall be occurring; (d) Seller shall be a PJM Member and shall have entered into all required PJM Agreements required for the performance of Seller’s obligations in connection with the Facility and this Agreement, which agreements shall be in full force and effect or Seller shall have entered into an agreement with a Market Participant that will perform all of Seller’s PJM-related obligations in connection with the Facility and this Agreement; (e) the Facility shall have been qualified and certified by the Commission as a Solar Photovoltaic Alternative Energy Source; (f) Seller shall have made all filings and applications required for accreditation of the Facility in GATS and for the registration, origination, and transfer of SPAECs from the Facility that are eligible for origination, registration, and transfer under GATS; (g) Seller shall have entered into all agreements and made all filings and other arrangements necessary for the transmission and delivery of the Energy associated with Buyer’s Percentage of the Facility from the Facility to the Delivery Point; (h) Seller shall have obtained all necessary authorizations from FERC to sell Energy at market-based rates as contemplated by this Agreement and shall be in compliance with such authorization; (i) Seller shall have delivered a Guaranty or other required Performance Assurance, if and as required pursuant to Article 10 herein; (j) Seller shall have obtained all rights to the Facility Site necessary for performance of its obligations under the Agreement for the Services Term; (k) Seller shall have provided Buyer with written evidence that all of the preceding conditions have been satisfied.