Design and Construction of the Facility Sample Clauses

Design and Construction of the Facility. ‌ (a) The Generator shall design and build the Facility using Good Electric Industry Practice and meet all relevant requirements of the Authoritative Documents, the Connection Agreement, this Agreement, the Permit and Licence (Power Plant), any other Governmental Approvals, and all Applicable Laws, and subject to Section 16.6, the Generator shall be responsible for all costs, expenses, liabilities and other obligations associated therewith. The Generator shall ensure that the Facility is designed and built to operate in accordance with the requirements of this Agreement. (b) The Generator shall at no time during the Term modify, vary or amend in any material respect any of the location, features or specifications of the Project or the Facility: (i) as set out in Schedule 1 (including the Contract Capacity), or (ii) in any manner which could reasonably be expected to result in a material increase in the capacity factor which the Facility is able to achieve (in either case a "Facility Amendment"), without first notifying the AESO in writing and obtaining the AESO's consent in writing. Such consent may be withheld by the AESO in its sole and absolute discretion. (c) Notwithstanding Section 2.1(b), and prior to the Generator procuring and delivering its IE Certificate pursuant to Section 2.6(a)(iii), the Generator may make a one-time election to reduce the Contract Capacity by giving notice to the AESO, provided that the lower Contract Capacity is: (i) no less than eighty percent (80%) of the original Contract Capacity (for clarity, as set out on the original, non-amended Schedule 1 as of the Contract Date), and (ii) greater than or equal to five (5) MW. If the Generator provides a notice which conforms with such restrictions, the Contract Capacity shall, upon receipt by the AESO, be reduced to the amount set forth in such notice, and the actual, nameplate capacity of the Facility being developed shall not in any event exceed such reduced amount. The AESO shall have no obligation to consent to a request to alter the Contract Capacity other than as set out in this Section 2.1(c). Subject to Section 6.2, any such reduction in Contract Capacity shall only affect the amount of Completion and Performance Security that is required to be provided to the AESO after the date of the request for such reduction and, for clarity, shall not result in any change to the Strike Price. If Contract Capacity is reduced in accordance with this Section 2.1(c), then the Parties shal...

Design and Construction of the Facility. (a) Subject to the terms and conditions hereof, the Contractor shall perform, or cause to be performed, all work (the “Work”) necessary to design, engineer, procure, construct, license, start-up, test, commission and complete the Facility in accordance with the requirements of this Agreement. (b) The Contractor shall at no time after the date of this Agreement modify, vary, or amend in any material respect any of the features or specifications of the Facility outlined in Exhibit A without first notifying the Owner Lessor in writing and obtaining the Owner Lessor’s consent in writing, which consent shall not be unreasonably withheld, provided that it shall not be unreasonable for the Owner Lessor to withhold its consent to any modification, variation or amendment which would, or would be likely to, materially adversely affect the ability of the Contractor to comply with its obligations under this Agreement. Notwithstanding the foregoing, the Contractor shall have the right, at any time, upon notice to, but without a prior approval of, the Owner Lessor, to make changes to any portion of the Work to the extent required to be made to comply with Prudent Industry Practice, including, but not limited to, in connection with the occurrence of Uncontrollable Forces or a change in Applicable Laws. (c) The Contractor agrees to provide, at its expense, all power system components on the Facility Site, including all transformation, switching and auxiliary equipment, such as synchronizing and protection and control equipment.

Design and Construction of the Facility. The Facility shall be completed in accordance with Prudent Industry Practices and all applicable Legal Requirements. Seller shall use diligent efforts to achieve Commercial Operation of the Facility on or before the Required Commercial Operation Date and to otherwise carry out its obligations under this Agreement. The Facility shall be deemed to have achieved “Commercial Operation” upon fulfillment of all of the following criteria: (i) Seller shall demonstrate that the Facility is capable of producing Solar Energy and delivering such Solar Energy to the Point of Delivery on a reliable basis in accordance with Prudent Industry Practices; (ii) Georgia Power is able to receive such Solar Energy at the Point of Delivery on a reliable basis in accordance with Prudent Industry Practices;

Design and Construction of the Facility. 7.2.1 Seller shall provide to the GPSC Seller's preliminary start-up and test schedule for the Facility at least ninety (90) days prior to start-up and testing of the Facility. 7.2.2 Seller shall provide to the GPSC a Milestone Schedule which shall set forth the Required Commercial Operation Date as well as the scheduled Initial Synchronization Date of the Facility to the Georgia Integrated Transmission System. Seller shall notify the GPSC of any changes in the Milestone Schedule as they may occur from time to time; provided, however, that such notification shall not relieve Seller from any of its obligations set forth elsewhere herein.

Design and Construction of the Facility. 8.2.1 If the Facility is not in Commercial Operation by January 1, 2003, Seller will provide Buyer with Initial Synchronization Date and Commercial Operation Date estimates (“Milestone Schedule”). Seller shall notify Buyer of any changes in these estimates and the status of construction as they may occur from time to time (including the reason(s) for the change); provided, however, that such notification shall not relieve Seller from any of its obligations set forth elsewhere herein. 8.2.2 Buyer shall have the right to reasonably request information regarding the status of the Facility and to inspect its construction, start-up and testing. Seller shall cooperate and shall cause the owner and operator of the Facility and its contractors to cooperate in providing the information requested by Buyer and in such physical inspections of the Facility as may be reasonably required by Buyer during and after completion of construction. Buyer shall provide reasonable prior notice to Seller regarding such inspections. All activities of Buyer, its designated employees and agents at the Site shall be subject to the rules and procedures of Seller and the owner or operator of the Facility (including, without limitation, those related to health and safety).

Design and Construction of the Facility. The Facility . . . . . . . . . . . . . . . . . . . . 12 2.2

Design and Construction of the Facility. ‌ 2.2.1 Seller shall design, engineer, construct, test and commission the Facility in accordance with Prudent Industry Practices and applicable Legal Requirements, and as required in order to enable Seller to fulfill its obligations under this Agreement. Seller shall use all diligent efforts to achieve Commercial Operation on or before the Required Commercial Operation Date. All equipment, materials and components comprising the Facility shall be manufactured, constructed and installed in a first class, efficient, expeditious, good, proper and workmanlike manner in accordance with Prudent Industry Practices and in accordance with all applicable Legal Requirements. Seller shall construct, install, operate and maintain the Facility in accordance with all supplier and manufacturer instructions and in a manner that does not void or impair any supplier or manufacturer warranties. All equipment, materials and components comprising the Facility shall: (i) be new and of good quality in accordance with Prudent Industry Practices; and (ii) be free from faults and defects in design, workmanship and materials. 2.2.2 Within thirty (30) Days after the execution and delivery of this Agreement, Seller shall provide to Buyer good faith estimates of the dates by which Seller expects that: (i) notice to proceed will be provided to the engineering, construction and procurement contractor for the Facility; (ii) the generating equipment will be delivered to the Site; (iii) mechanical completion of the Facility will occur; and (iv) the Facility will initially synchronize to the Buyer’s Electric System (“Milestone Schedule”). Seller shall notify Buyer of any changes in these estimates as they may occur from time to time (including the reason(s) for the change); provided, however, that such notification shall not relieve Seller from any of its obligations set forth elsewhere in this Agreement. 2.2.3 No later than the end of each Month prior to the Commercial Operation Date, Seller shall deliver a written report to Buyer describing the progress of design, development and construction of the Facility, including the status of events on the Milestone Schedule and other events of material significance.

Design and Construction of the Facility. The Facility shall be constructed according to Good Utility Practice and in a workmanlike, professional manner. Seller shall utilize in all respects Utility Grade Equipment. Seller's selection of any major contractors for engineering, procurement, or construction services shall be made from a list of permitted providers of such services to be approved by Southwestern, which approval shall not be unreasonably withheld.

Design and Construction of the Facility. The Project shall be completed in accordance with Prudent Industry Practices and all applicable Legal Requirements. Seller shall use all diligent efforts to achieve Commercial Operation of the Facility on or before the Required Commercial Operation Date and to otherwise carry out its obligations under this Agreement. The Project shall be deemed to have achieved “Commercial Operation” upon fulfillment of all of the following criteria: (i) Seller shall demonstrate that the Facility is capable of producing electric energy and delivering such electric energy to the Point of Delivery on a reliable basis in accordance with Prudent Industry Practices; (ii) the Facility is in compliance with the Interconnection Agreement; (iii) Seller shall have provided Georgia Power a certificate reasonably acceptable to Georgia Power, stating that the Facility has been designed, engineered, constructed and tested in accordance with Prudent Industry Practices and the terms of this Agreement; and (iv) Seller shall have delivered to Georgia Power a certificate from a responsible officer of Seller certifying that Seller has obtained all Consents required under Legal Requirements to be obtained by Seller for the construction, ownership, operation and maintenance of the Facility in accordance with this Agreement.