Common use of Development; Construction; Progress Reports Clause in Contracts

Development; Construction; Progress Reports. Within fifteen (15) days after the close of (a) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (b) each calendar month thereafter until the Commercial Operation Date, Seller shall provide to Buyer a Progress Report; provided, that if Seller misses the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date, Seller shall provide updated Progress Reports to Buyer on a weekly basis, or as otherwise agreed. The Progress Report shall (i) describe the progress towards meeting the Milestones; (ii) identify any missed Milestones, including the cause of the delay; and (iii) provide a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. ▇▇▇▇▇▇ agrees to regularly scheduled telephonic or video-conferenced meetings between representatives of ▇▇▇▇▇ and Seller to review the Progress Reports and discuss ▇▇▇▇▇▇’s construction progress. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 22

Development; Construction; Progress Reports. Within fifteen (15) days after the close of (ai) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (bii) each calendar month thereafter thereafter, Seller shall provide a Progress Report until the Commercial Operation Date, Seller shall provide Date to Buyer a Progress Report; provided, that if Seller misses the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date, Seller shall provide updated Progress Reports to Buyer on a weekly basis, or as otherwise agreed. The Progress Report shall (ia) describe describes the progress towards meeting the Milestones; (iib) identify identifies any missed Milestones, including the cause of the delay; and (iiic) provide provides a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. ▇▇▇▇▇▇ agrees to regularly scheduled telephonic or video-conferenced meetings between representatives of ▇▇▇▇▇ and Seller to review the Progress Reports and discuss ▇▇▇▇▇▇’s construction progress. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 22.

Development; Construction; Progress Reports. Within fifteen (15) days after the close of (a) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (b) each calendar month thereafter until the Commercial Operation Date, Seller shall provide to Buyer a Progress Report; provided, that if Seller misses the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date, Seller shall provide updated Progress Reports to Buyer on a weekly basis, or as otherwise agreed. The Progress Report shall (i) describe the progress towards meeting the Milestones; (ii) identify any missed Milestones, including the cause of the delay; and (iii) provide a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. ▇▇▇▇▇▇ agrees to regularly scheduled telephonic or video-conferenced meetings between representatives of ▇▇▇▇▇ and Seller to review the Progress Reports and discuss ▇▇▇▇▇▇’s construction progress. Seller shall also provide Buyer with any reasonable reasonably requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 22.

Development; Construction; Progress Reports. Within fifteen (15) days after the close of (ai) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (bii) each calendar month thereafter thereafter, Seller shall provide a Progress Report until the Commercial Operation Date, Seller shall provide Date to Buyer a Progress Report; provided, that if Seller misses the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date, Seller shall provide updated Progress Reports to Buyer on a weekly basis, or as otherwise agreed. The Progress Report shall (ia) describe describes the progress towards meeting the Milestones; (iib) identify identifies any missed Milestones, including the cause of the delay; and (iiic) provide provides a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. ▇▇▇▇▇▇ agrees to regularly scheduled telephonic or video-conferenced meetings between representatives of ▇▇▇▇▇ and Seller to review the Progress Reports and discuss ▇▇▇▇▇▇’s construction progress. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 2225

Development; Construction; Progress Reports. Within fifteen (15) days after the close of (a) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (b) each calendar month thereafter until the Commercial Operation Date, Seller shall provide to Buyer a Progress Report; provided, that if Seller misses the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date, Seller shall provide updated Progress Reports to Buyer on a weekly basis, or as otherwise agreed. The Progress Report shall (i) describe the progress towards meeting the Milestones; (ii) identify any missed Milestones, including the cause of the delay; and (iii) provide a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. ▇▇▇▇▇▇ agrees to regularly scheduled telephonic or video-conferenced meetings between representatives of ▇▇▇▇▇ and Seller to review the Progress Reports and discuss ▇▇▇▇▇▇’s construction progress. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 2226

Development; Construction; Progress Reports. Within fifteen (15) days after the close of (ai) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (bii) each calendar month thereafter thereafter, Seller shall provide a Progress Report until the Commercial Operation Date, Seller shall provide Date to Buyer a Progress Report; provided, that if Seller misses the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date, Seller shall provide updated Progress Reports to Buyer on a weekly basis, or as otherwise agreed. The Progress Report shall (ia) describe describes the progress towards meeting the Milestones; (iib) identify identifies any missed Milestones, including the cause of the delay; and (iiic) provide provides a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. ▇▇▇▇▇▇ agrees to regularly scheduled telephonic or video-conferenced meetings between representatives of ▇▇▇▇▇ and Seller to review the Progress Reports and discuss ▇▇▇▇▇▇’s construction progress. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 2221

Development; Construction; Progress Reports. Within fifteen (15) days after the close of (a) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (b) each calendar month thereafter until the Commercial Operation Date, Seller shall provide to Buyer a Progress Report; provided, that if Seller misses the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date, Seller shall provide updated Progress Reports to Buyer on a weekly basis, or as otherwise agreed. The Progress Report shall (i) describe the progress towards meeting the Milestones; (ii) identify any missed Milestones, including the cause of the delay; and (iii) provide a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. ▇▇▇▇▇▇ agrees to regularly scheduled telephonic or video-conferenced meetings between representatives of ▇▇▇▇▇ and Seller to review the Progress Reports and discuss ▇▇▇▇▇▇’s construction progress. Seller shall also provide Buyer with any reasonable reasonably requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 2220

Development; Construction; Progress Reports. Within fifteen (15) days after the close of (a) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (b) each calendar month thereafter until the Commercial Operation Date, Seller shall provide to Buyer a Progress Report; provided, that if Seller misses the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date, Seller shall provide updated Progress Reports to Buyer on a weekly basis, or as otherwise agreed. The Progress Report shall (i) describe the progress towards meeting the Milestones; (ii) identify any missed Milestones, including the cause of the delay; and (iii) provide a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. ▇▇▇▇▇▇ agrees to regularly scheduled telephonic or video-conferenced meetings between representatives of ▇▇▇▇▇ and Seller to review the Progress Reports and discuss ▇▇▇▇▇▇’s construction progress. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 22.

Development; Construction; Progress Reports. Within fifteen (15) days after the close of (ai) each calendar quarter from the first calendar quarter following the Effective Date until the Expected Construction Start Date, and (bii) each calendar month thereafter thereafter, Seller shall provide a Progress Report until the Commercial Operation Date, Seller shall provide Date to Buyer a Progress Report; provided, that if Seller misses the Guaranteed Construction Start Date or Guaranteed Commercial Operation Date, Seller shall provide updated Progress Reports to Buyer on a weekly basis, or as otherwise agreed. The Progress Report shall (ia) describe describes the progress towards meeting the Milestones; (iib) identify identifies any missed Milestones, including the cause of the delay; and (iiic) provide provides a detailed description of Seller’s corrective actions to achieve the missed Milestones and all subsequent Milestones by the Guaranteed Commercial Operation Date. The form of the Progress Report is set forth in Exhibit E. ▇▇▇▇▇▇ agrees to regularly scheduled telephonic or video-conferenced meetings between representatives of ▇▇▇▇▇ and Seller to review the Progress Reports and discuss ▇▇▇▇▇▇’s construction progress. Seller shall also provide Buyer with any reasonable requested documentation (subject to confidentiality restrictions) directly related to the achievement of Milestones within ten (10) Business Days of receipt of such request from Buyer. For the avoidance of doubt, as between Seller and Buyer, Seller is solely responsible for the design and construction of the Facility, including the location of the Site, obtaining all permits and approvals to build the Facility, the Facility layout, and the selection and procurement of the equipment comprising the Facility. 2218