Deemed Completion Sample Clauses

Deemed Completion. If Council does not provide the Developer with notice in accordance with clause 9.3, the Item of Work set out in the Completion Notice will be deemed to have been Completed on the date nominated in the Completion Notice.

Deemed Completion. If Unit Completion Date is achieved for a Unit on the basis that such Unit would have successfully completed its testing had NPC performed its obligations under this Agreement relating to the Site, the Ash Disposal Sites, the Pipelines and the Access Road, Fuel and electricity for testing and commissioning and start-up of the Power Station, and the taking of electricity and the Transmission Line in a timely manner, the Nominated Capacity for such Unit shall be its Net Contracted Capacity and its Unit Net Heat Rate shall be its guaranteed Unit Net Heat Rate, until such time as a guarantee test to demonstrate Nominated Capacity and Unit Net Heat Rate can be conducted in accordance with Section 4 of the Thirteenth Schedule.

Deemed Completion. Not used.

Deemed Completion. With respect to each well in Article 4.2 if the Farmees and Syntroleum fulfill the obligations set out below and bear their Cost Bearing Participation shares of all costs related to such well, including the YFP Carried Participation, then Syntroleum and the Farmees shall have fulfilled such well obligation: A. If a well does not reach the objective depth because the Technical Advisor encounters impenetrable substances, basement, commercial quantities of oil or gas at a lesser depth, or are forced to abandon a well because of difficulties insurmountable by employing modern drilling technology in conformity with sound, cost effective practices generally accepted in the international petroleum industry, then: (i) If the cumulative amount spent by the Farmees and Syntroleum related to such well (which for the avoidance of doubt shall include all amounts spent by the contractor under the turnkey drilling contract) is at least US$21,000,000 the Farmees and Syntroleum shall nonetheless be deemed to have satisfied the Work Commitments with respect to such well. (ii) If the cumulative amount spent by the Farmees and Syntroleum related to such well (which for the avoidance of doubt shall include all amounts spent by the contractor under the turnkey drilling contract) is less than US$21,000,000 the Farmees and Syntroleum shall have the right to drill one or more substitute ▇▇▇▇▇ at locations and to objective depths determined by the Farmees and Syntroleum consistent with the applicable restrictions of Article 4.2. B. If such well, or substitute well, is drilled to the objective depth, then the Farmees and Syntroleum shall endeavor to evaluate the well in accordance with practices generally accepted in the international petroleum industry; provided that if downhole conditions or mechanical difficulties are encountered which would, in the opinion of a prudent operator, render any such log or survey impracticable, then the Farmees and Syntroleum shall have the right to curtail or omit all or part of such operations. C. If Hydrocarbons are encountered in the drilling of such well, or substitute well, the Farmees and Syntroleum shall endeavor to carry out a testing program agreed to by the Parties pursuant to the terms of the JOA in accordance with generally accepted practices of the international petroleum industry; provided that if downhole conditions or mechanical difficulties are encountered which would, in the opinion of a prudent operator, render any testing impract...

Deemed Completion. 4.7.1 If the Commercial Operation Date has not occurred only because the Guarantee Tests cannot successfully be carried out because NPC cannot take the electricity which will be generated during such Tests because the Transmission Line is not complete, the Commercial Operation Date shall be deemed for all purposes of this Agreement to occur on the date on which it would otherwise have occurred, as notified in writing by SPCC to NPC ("Deemed Completion Date") but not, for the avoidance of doubt, before what would have been the Target Commercial Operation Date, but for such failure. On and from such date, the Cogeneration Power Production Facility shall be deemed to be Available, with a Net Available Capacity equal to 304,000 kW, and NPC shall pay Availability Fees based upon such capacity until the Net Available Capacity is established pursuant to the Guarantee Test. 4.7.2 In the circumstances mentioned in Article 4.7.1 above, NPC shall notify SPCC at least thirty (30) Days prior to the Transmission Line Completion Date, and SPCC shall initiate start-up, commissioning and testing activities no later than fifteen (15) Days after the Transmission Line Completion Date. SPCC shall schedule the Guarantee Test for as soon as reasonably possible after NPC notifies SPCC in writing that it is able to take the electricity generated by the Cogeneration Power Production Facility. If, for any reason, SPCC is unable to conduct the Guarantee Test at the time scheduled for such Test, SPCC shall promptly reschedule the Test and shall give NPC at least five (5) Days written notice of the rescheduled Test date. If SPCC shall have failed to conduct the Guarantee Test within one hundred twenty (120) Days of the Transmission Line Completion Date, then the Guarantee Test shall be deemed to have demonstrated that the Cogeneration Power Production Facility is not Available. The foregoing shall not apply if SPCC's failure to conduct the Guarantee Test is due to an event of Force Majeure (including any failure of NPC to take electricity or any failure of NPC to give proper, accurate notice of the Transmission Line Completion Date). 4.7.3 If NPC has made payments to SPCC of Availability Fees based upon a Net Available Capacity of 304,000 kW pursuant to Article 4.7.1 above, and if upon completion of the Guarantee Test (and any retesting carried out pursuant to this Agreement) the Net Available Capacity is determined to be less than 304,000 kW or the Cogeneration Power Production Facili...