Facility In-Service Date; Final Facility Size Sample Clauses
The "Facility In-Service Date; Final Facility Size" clause defines when a facility is considered operational and establishes the definitive capacity or size of the facility. Typically, this clause specifies the criteria or milestones that must be met for the facility to be declared in service, such as completion of construction, passing inspections, or achieving certain performance metrics. It also sets out how the final size or capacity is determined, which may involve measurements, certifications, or mutual agreement between parties. The core function of this clause is to provide clear benchmarks for project completion and capacity, thereby reducing ambiguity and potential disputes regarding when obligations begin and the scale of the facility.
Facility In-Service Date; Final Facility Size. Seller shall provide notice to Buyer of the In-Service Date and final Facility size within ten (10) Business Days of the commencement of energy production. The final Facility size shall be based on the Facility’s as-built configuration. If final Facility size differs from original description as set forth in the Cover Sheet:
3.3.1 Any increase that results in a Facility size behind the Revenue Meter that exceeds statutory maximum limits for an LREC or ZREC project, as applicable, shall result in immediate and automatic termination of this Agreement.
3.3.2 Any decrease in final Facility size shall be reflected in an adjustment to Section 7.1 of the Cover Sheet. The Maximum Annual Quantity will be reduced from the value in Section 7.1 of the Cover Sheet proportionally to the decrease in the Installed Capacity of the Facility as set forth in Section 3.1 of the Cover Sheet (e.g., if the Installed Capacity is reduced by twenty percent (20%), then the Maximum Annual Quantity will also be reduced by twenty percent (20%)).
Facility In-Service Date; Final Facility Size. Customer shall provide notice to the EDC of the In-Service Date and final Facility Size within ten (10) Business Days of the commencement of energy production. The final Facility Size shall be based on the Facility’s as-built configuration as noted in the Approval to Energize letter issued by the EDC. If the final Facility Size differs from original description as set forth in the Cover Sheet:
3.3.1 Any increase that results in a Facility Size for a Project that exceeds statutory limits for a low emission or zero emission Project, as applicable, shall result in immediate and automatic termination of the Project’s eligibility under the Tariff.
3.3.2 Any increase that results in a final in-service Facility Size that is greater than the approved as-Bid Facility Size plus five (5) percent, shall result in immediate and automatic termination of the Project’s eligibility under the Tariff.
3.3.3 Any increase or decrease that results in a Facility Size for a Project which falls outside of the size limits for the category in which the Project was Bid, subject REFERENCE FOR
3.3.4 If a Project indicated at the time of Bid submission that additional load was expected to materialize over the five years following bid submission attributable to transportation electrification (i.e., electric vehicles) and/or fuel switching (i.e., air source heat pumps), the following shall apply:
(a) If such load does not materialize within five years of the project interconnecting, a project’s compensation shall be reduced proportionally to the unrealized load. For Buy-All Projects, this will result in a reduction in total compensation, and for Netting Projects, this will result in a reduction in the compensation for the RECs generated by the Project, which may result in negative REC payments. ONLY
(b) If at any point before the In-Service Date EDC receives notice that such beneficial electrification load will no longer materialize, Section 3.3.4
(a) shall not apply. However, the Final Facility Size shall then be limited to the historical load provisions as outlined in the Program Rules and as applicable to the Project, and the Project will only be eligible to receive compensation for the energy and RECs that are generated once the In-Service Date occurs.
Facility In-Service Date; Final Facility Size. A Facility for a Selected Bid shall have three (3) calendar years from the Service Agreement Approval Date to receive an Approval to Energize Letter from the EDC. ONLY
3.2.1 If the In-Service Date is not achieved by the Guaranteed In-Service Date; the EDC’s twenty-year purchase commitment will immediately and automatically terminate. No extensions will be granted to the three (3) year deadline for achieving the In-Service date under any circumstances.
3.2.2 Seller shall provide notice to Buyer of the In-Service Date and final Facility size within ten (10) Business Days of the commencement of energy production. The final Facility size shall be based on the Facility’s as-built configuration. If final Facility size differs from original description as set forth in the Cover Sheet:
(a) If the final Facility size exceeds the original description as set forth in the Bid, the Fuel Cell Project enrollment shall be immediately and automatically terminated.
(b) Any decrease in final Facility size shall be reflected in an adjustment to Section 3.1 of the Cover Sheet.