Common use of REJECTION OF THE WORKS Clause in Contracts

REJECTION OF THE WORKS. Clauses 15.2 and 15.3 shall only form part of this Agreement if the right to reject is identified as "Applicable" in the Key Information Table. If the Facility fails to achieve the Minimum Guaranteed Capacity by the Commercial Operation Longstop Date for reasons attributable to the Installation Contractor, Project Company shall be entitled at its discretion, by giving notice to the Installation Contactor with reasons, to undertake any or all of the following: terminate this Agreement; reject the Facility and the Works; and require: Installation Contractor to remove all the Installation Contractor's Equipment and the Balance of Plant (other than the Facility) from the Site; Installation Contractor to remove the Facility from the Site; Installation Contractor to deliver the Facility to a location specified by Project Company in the Relevant Jurisdiction; Installation Contractor to remediate the Site; and require Installation Contractor's Personnel to leave the Site. If the Project Company exercises its right to reject the Facility and the Works under Clause 15.1, the Project Company shall pay the Installation Contractor: the amounts payable for any work carried out for which a price is stated in this Agreement and for which the Installation Contractor has not already received payment; all the costs of materials ordered for the Installation Works which have been delivered to the Installation Contractor or of which the Installation Contractor is liable to accept delivery; and all the Installation Contractor's additional costs for complying with the Project Company's instructions under Clause 15.2(c) plus an allowance for profit and overheads calculated as a percentage of the Installation Contractor's Additional Costs Rate (if applicable). Metering System Installation, Ownership and Testing: The Installation Contractor shall install and test the Main Meter and the Check Meter at the Delivery Point. The Metering System shall have the functional capability to determine the Metered Energy quantities (as defined in the PPA) as set out in Clause 7 (Metering) of the PPA. The Parties acknowledge that on and from the Commercial Operation Date or if earlier, the Deemed Commercial Operation Date, property in and title to the Check Meter shall transfer to the Buyer free from liens and other encumbrances. The Installation Contractor undertakes to the Project Company that it will provide to the Buyer with access to the Main Meter for the installation of and collection of data from any SCADA monitoring equipment and in order to test the Check Meter for accuracy, in accordance with Clause 7.3 (Meter Testing) of the PPA.

REJECTION OF THE WORKS. Clauses 15.2 and 15.3 shall only form part of this Agreement if the right to reject is identified as "Applicable" in the Key Information Table. If the Facility fails to achieve the Minimum Guaranteed Capacity by the Commercial Operation Longstop Date for reasons attributable to the Installation Contractor, Project Company shall be entitled at its discretion, by giving notice to the Installation Contactor with reasons, to undertake any or all of the following: terminate this Agreement; reject the Facility and the Works; and require: Installation Contractor to remove all the Installation Contractor's Equipment and the Balance of Plant (other than the Facility) from the Site; Installation Contractor to remove the Facility from the Site; Installation Contractor to deliver the Facility to a location specified by Project Company in the Relevant Jurisdiction; Installation Contractor to remediate the Site; and require Installation Contractor's Personnel to leave the Site. If the Project Company exercises its right to reject the Facility and the Works under Clause 15.115.1 (Rejection of the Works), the Project Company shall pay the Installation Contractor: the amounts payable for any work carried out for which a price is stated in this Agreement and for which the Installation Contractor has not already received payment; all the costs of materials ordered for the Installation Works which have been delivered to the Installation Contractor or of which the Installation Contractor is liable to accept delivery; and all the Installation Contractor's additional costs for complying with the Project Company's instructions under Clause 15.2(c) (Rejection of the Works) plus an allowance for profit and overheads calculated as a percentage of the Installation Contractor's Additional Costs Rate (if applicable). Metering System Installation, Ownership and Testing: The Installation Contractor shall install and test the Main Meter and the Check Meter at the Delivery Point. The Metering System shall have the functional capability to determine the Metered Energy quantities (as defined in the PPA) as set out in Clause 7 (Metering) of the PPA. The Parties acknowledge that on and from the Commercial Operation Date or if earlier, the Deemed Commercial Operation Date, property in and title to the Check Meter shall transfer to the Buyer free from liens and other encumbrances. The Installation Contractor undertakes to the Project Company that it will provide to the Buyer with access to the Main Meter for the installation of and collection of data from any SCADA monitoring equipment and in order to test the Check Meter for accuracy, in accordance with Clause 7.3 (Meter Testing) of the PPA.