Common use of Construction, Operation and Maintenance Clause in Contracts

Construction, Operation and Maintenance. 7.1 Progress reports [for new installations] In a format and a periodicity to be agreed between the Parties, the Producer shall supply the Buyer with progress reports containing at least the following information: (a) detail of any change in the commissioning schedule (expected lead or lag); and (b) [detail of any on-going litigation or recourse against any Administrative Authorisation]. 7.2 Delay in achieving the Commissioning Long-Stop Date (a) If the Commissioning Date does not occur at the latest by the Commissioning Long-Stop Date, except as a result of (i) an event of Force Majeure or (ii) any unavailability of the grid due to a failure of the grid operator to complete the grid connection works within the timelines set out in the grid connection agreement, the Producer shall pay the Buyer liquidated damages for the delay in achieving the Commissioning Long-Stop Date (the Delay Liquidated Damages), provided that the delay in achieving the Commissioning Long-Stop Date creates an extra cost for the Buyer. (b) The amount of the Delay Liquidated Damages shall be EUR [l] per [day of delay][Deemed Energy] until the Commissioning Date is achieved. The Delay Liquidated Damages shall be paid by the Producer to the Buyer on a monthly basis. (c) The total amount of Delay Liquidated Damages payable by the Buyer shall not exceed the Delay Liquidated Damages cap of EUR [l]. (d) If the Delay Liquidated Damages cap is reached, the Parties shall meet to determine the necessary adjustments to be made to their respective obligations under this Agreement. (e) In the event that the Parties do not reach an agreement within fifteen (15) Business Days from the beginning of the negotiation, any Party shall have the right to terminate this Agreement with immediate effect, without any prior notice or specific procedure. In case of termination of this Agreement under this Clause 10.2(e), the Parties shall have no right to claim compensation for any consequences resulting from such termination.

Construction, Operation and Maintenance. 7.1 Progress reports [for new installations] In a format and a periodicity to be agreed between the Parties, the Producer shall supply the Buyer with progress reports containing at least the following information: (a) detail of any change in the commissioning schedule (expected lead or lag); and (b) [detail of any on-going litigation or recourse against any Administrative Authorisation]. 7.2 Delay in achieving the Commissioning Long-Stop Date (a) If the Commissioning Date does not occur at the latest by the Commissioning Long-Stop Date, except as a result of (i) an event of Force Majeure or (ii) any unavailability of the grid due to a failure of the grid operator to complete the grid connection works within the timelines set out in the grid connection agreement, the Producer shall pay the Buyer liquidated damages for the delay in achieving the Commissioning Long-Stop Date (the Delay Liquidated Damages), provided that the delay in achieving the Commissioning Long-Stop Date creates an extra cost for the Buyer. (b) The amount of the Delay Liquidated Damages shall be EUR [l⚫] per [day of delay][Deemed Energy] until the Commissioning Date is achieved. The Delay Liquidated Damages shall be paid by the Producer to the Buyer on a monthly basis. (c) The total amount of Delay Liquidated Damages payable by the Buyer shall not exceed the Delay Liquidated Damages cap of EUR [l⚫]. (d) If the Delay Liquidated Damages cap is reached, the Parties shall meet to determine the necessary adjustments to be made to their respective obligations under this Agreement. (e) In the event that the Parties do not reach an agreement within fifteen (15) Business Days from the beginning of the negotiation, any Party shall have the right to terminate this Agreement with immediate effect, without any prior notice or specific procedure. In case of termination of this Agreement under this Clause 10.2(e), the Parties shall have no right to claim compensation for any consequences resulting from such termination.

Construction, Operation and Maintenance. 7.1 Progress reports [for new installations] In a format and a periodicity to be agreed between the Parties, the Producer shall supply the Buyer with progress reports containing at least the following information: (a) : detail of any change in the commissioning schedule (expected lead or lag); and (b) and [detail of any on-going litigation or recourse against any Administrative Authorisation]. 7.2 . Delay in achieving the Commissioning Long-Stop Date (a) Date If the Commissioning Date does not occur at the latest by the Commissioning Long-Stop Date, except as a result of (i) an event of Force Majeure or (ii) any unavailability of the grid due to a failure of the grid operator to complete the grid connection works within the timelines set out in the grid connection agreement, the Producer shall pay the Buyer liquidated damages for the delay in achieving the Commissioning Long-Stop Date (the Delay Liquidated Damages), provided that the delay in achieving the Commissioning Long-Stop Date creates an extra cost for the Buyer. (b) . The amount of the Delay Liquidated Damages shall be EUR [l] per [day of delay][Deemed Energy] until the Commissioning Date is achieved. The Delay Liquidated Damages shall be paid by the Producer to the Buyer on a monthly basis. (c) . The total amount of Delay Liquidated Damages payable by the Buyer shall not exceed the Delay Liquidated Damages cap of EUR [l]. (d) . If the Delay Liquidated Damages cap is reached, the Parties shall meet to determine the necessary adjustments to be made to their respective obligations under this Agreement. (e) . In the event that the Parties do not reach an agreement within fifteen (15) Business Days from the beginning of the negotiation, any Party shall have the right to terminate this Agreement with immediate effect, without any prior notice or specific procedure. In case of termination of this Agreement under this Clause 10.2(e), the Parties shall have no right to claim compensation for any consequences resulting from such termination.