Submission of Reports and Information. 5.4.1 The Concessionaire shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) the following documents on or before the specified dates: 5.4.1.1 beginning from the Effective Date and ending on the expiry of the warranty period under the EPC Contract, Construction Reports (in such form and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (including any updates to the construction milestone schedule) for each Month, delivered no later than ten (10) Days after expiry of each such Month and (ii) any condition or event and/or any change in such condition or event that could reasonably be expected to delay the occurrence of a Commercial Operations Date, promptly upon the Concessionaire becoming aware of such condition or event; 5.4.1.2 at least ten (10) Days prior to the scheduled commencement of testing of the Plant (or any part thereof) and Commissioning, a preliminary start-up and test schedule; 5.4.1.3 within twenty (20) Business Days of the Construction Start Date, a copy of the certificate of insurance for the 'EPC Contractor's All Risk Insurance Policy' and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1, copies of all insurance policies and certificates of insurance detailed in Error! Reference ource not found. together with all updates thereof promptly upon issue; 5.4.1.4 as soon as available, but no later than fifteen (15) Days following each Commissioning Test, two copies of all results of such Commissioning Test, including tests of major equipment included in the Plant (or any part thereof), tests of electricity metering equipment; and 5.4.1.5 no later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof), one copy, as received by the Concessionaire under the EPC Contract, of all the manufacturers' specifications and manufacturers' operation manuals. 5.4.2 The Concessionaire shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this Agreement. 5.4.3 Each Party shall notify the other Party in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4.
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
Submission of Reports and Information. 5.4.1 6.2.1 The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from 6.2.1.1 As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
6.2.1.2 As soon as available, but no later than the Effective Date, a copy of the Water Use Agreement, and/or potable water supply as executed, with any amendments thereto;
6.2.1.3 Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC Contract, Commercial Operations Date,
(a) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein,
(b) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten and
(10c) Days after expiry reports, when and as the Seller becomes aware, of each such Month and (ii) any condition or event and/or any change in such condition or event that could will have a material and adverse effect on the timely completion of the construction of the Complex.
6.2.1.4 No later than ninety (90) Days after the Effective Date,
(a) evidence demonstrating that the Seller has obtained all the Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Electrical Output from, the Complex,
(b) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Electrical Output from the Complex, and
(c) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such Seller Consents and an estimate of the time within which such Seller Consents will be expected to delay the occurrence of a Commercial Operations Date, promptly upon the Concessionaire becoming aware of such condition or eventobtained;
5.4.1.2 at 6.2.1.5 At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test schedule;schedule for the Complex.
5.4.1.3 6.2.1.6 On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement.
6.2.1.7 On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's ’s All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issue;Clause 13 and Schedule 8.
5.4.1.4 as 6.2.1.8 As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipment; and, and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser;
5.4.1.5 no 6.2.1.9 No later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Seller pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and
6.2.1.10 As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 6.2.2 The Concessionaire shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this Agreement.
5.4.3 Each Party Seller shall notify the other Party Purchaser promptly from time to time whenever it determines that the then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for the Commissioning of the Complex which shall not in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4.event be earlier than ten
Appears in 2 contracts
Submission of Reports and Information. 5.4.1 6.2.1 The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from 6.2.1.1 As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
6.2.1.2 Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC Contract, Commercial Operations Date,
(a) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein,
(b) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten and
(10c) Days after expiry reports, when and as the Seller becomes aware, of each such Month and (ii) any condition or event and/or any change in such condition or event that could will have a material and adverse effect on the timely completion of the construction of the Complex.
6.2.1.3 No later than ninety (90) Days after the Effective Date,
(a) evidence demonstrating that the Seller has obtained all Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Electrical Output from, the Complex,
(b) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Electrical Output from the Complex, and
(c) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such Seller Consents and an estimate of the time within which such Seller Consents will be expected to delay the occurrence of a Commercial Operations Date, promptly upon the Concessionaire becoming aware of such condition or eventobtained;
5.4.1.2 at 6.2.1.4 At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test scheduleschedule for the Complex;
5.4.1.3 6.2.1.5 On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement;
6.2.1.6 On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's ’s All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueClause 13 and Schedule 8;
5.4.1.4 as 6.2.1.7 As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipment; and, and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser;
5.4.1.5 no 6.2.1.8 No later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Seller pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and
6.2.1.9 As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 6.2.2 The Concessionaire shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this Agreement.
5.4.3 Each Party Seller shall notify the other Party Purchaser promptly from time to time whenever it determines that the then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for the Commissioning of the Complex which shall not in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4.event be earlier than ten
Appears in 2 contracts
Submission of Reports and Information. 5.4.1 (a) The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from (i) As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
(ii) Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC ContractCommercial Operations Date, (A) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein, (B) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten (10) Days after expiry of each such Month and (iiC) reports, when and as the Seller becomes aware, of any condition or event and/or any change in such condition or event that could reasonably be expected to delay will have a material and adverse effect on the occurrence timely completion of a Commercial Operations the construction of the Complex. No later than ninety (90) Days after the Effective Date, promptly upon (A) evidence demonstrating that the Concessionaire becoming aware Seller has obtained all Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Delivered Energy from, the Complex, (B) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Delivered Energy from the Complex, and (C) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such condition or event;
5.4.1.2 at Seller Consents and an estimate of the time within which such Seller Consents will be obtained; At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test schedule;
5.4.1.3 within twenty (20) Business Days of the Construction Start Date, a copy of the certificate of insurance schedule for the 'EPC Contractor's All Risk Insurance Policy' and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1, copies of all insurance policies and certificates of insurance detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueComplex;
5.4.1.4 as soon as available, but no later than fifteen (15) Days following each Commissioning Test, two copies of all results of such Commissioning Test, including tests of major equipment included in the Plant (or any part thereof), tests of electricity metering equipment; and
5.4.1.5 no later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof), one copy, as received by the Concessionaire under the EPC Contract, of all the manufacturers' specifications and manufacturers' operation manuals.
5.4.2 The Concessionaire shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this Agreement.
5.4.3 Each Party shall notify the other Party in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4.
Appears in 1 contract
Sources: Energy Purchase Agreement
Submission of Reports and Information. 5.4.1 6.2.1 The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from 6.2.1.1 As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
6.2.1.2 As soon as available, but no later than the Effective Date, a copy of the Water Use Agreement and/or potable water supply account as executed, with any amendments thereto;
6.2.1.3 Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC Contract, Commercial Operations Date,
(a) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein,
(b) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten and
(10c) Days after expiry reports, when and as the Seller becomes aware, of each such Month and (ii) any condition or event and/or any change in such condition or event that could will have a material and adverse effect on the timely completion of the construction of the Complex.
6.2.1.4 No later than ninety (90) Days after the Effective Date,
(a) evidence demonstrating that the Seller has obtained all Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Electrical Output from, the Complex,
(b) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Electrical Output from the Complex, and
(c) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such Seller Consents and an estimate of the time within which such Seller Consents will be expected to delay the occurrence of a Commercial Operations Date, promptly upon the Concessionaire becoming aware of such condition or eventobtained;
5.4.1.2 at 6.2.1.5 At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test scheduleschedule for the Complex;
5.4.1.3 6.2.1.6 On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement;
6.2.1.7 On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's ’s All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueClause 13 and Schedule 8;
5.4.1.4 as 6.2.1.8 As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipment; and, and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser;
5.4.1.5 no 6.2.1.9 No later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Seller pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and
6.2.1.10 As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 6.2.2 The Concessionaire shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this Agreement.
5.4.3 Each Party Seller shall notify the other Party Purchaser promptly from time to time whenever it determines that the then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for the Commissioning of the Complex which shall not in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4.event be earlier than ten
Appears in 1 contract
Sources: Power Purchase Agreement
Submission of Reports and Information. 5.4.1 (a) The Concessionaire Company shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Power Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from (i) As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
(ii) Beginning within thirty (30) Days after the Effective Date and ending on the expiry Commercial Operations Date, (A) reasonably detailed EPC Reports delivered to the Power Purchaser not later than the last Day of the warranty period under the EPC ContractMarch, Construction Reports (in such form June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein, (B) for each Monthsuch other reports as are submitted to the Company by the Engineer, delivered no later than ten (10) Days after expiry of each such Month and (iiC) reports, when and as the Company becomes aware, of any condition or event and/or any change in such condition or event that could reasonably be expected to delay will have a material and adverse effect on the occurrence timely completion of a Commercial Operations the construction of the Complex.
(iii) No later than ninety (90) Days after the Effective Date, promptly upon (A) evidence demonstrating that the Concessionaire becoming aware Company has obtained all Company Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Electrical Output from, the Complex, (B) a list identifying the Company Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Electrical Output from the Complex, and (C) a list identifying the Company Consents applied for by the Company or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Power Purchaser for obtaining such condition or eventCompany Consents and an estimate of the time within which such Company Consents will be obtained;
5.4.1.2 at least (iv) As and when available, copies of drafts of the Coal Supply Agreement, and copies of the Coal Supply Agreement and any amendments thereto within ten (10) Business Days of the date such agreement and any such amendments thereto are executed;
(v) At least sixty (60) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test scheduleschedule for the Complex;
5.4.1.3 (vi) On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Company and the Power Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement;
(vii) On or as soon as practicable following the Construction Start but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's ’s All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueSchedule 8;
5.4.1.4 as (viii) As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipment; and, and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Power Purchaser;
5.4.1.5 no (ix) No later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Company pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and
(x) As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 (b) The Concessionaire Company shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or notify the Power Purchaser under promptly from time to time whenever it determines that the Heat Purchase Agreement then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for the Commissioning of such Unit which shall not in any event be earlier than ten (10) Business Days following the date of delivery of such notice to the Power Purchase AgreementPurchaser.
(c) The Power Purchaser shall provide to the Company within fifteen (15) Business Days after receipt of a written request from the Company, respectivelydocuments and information on the Grid System and such other documents and data in the Power Purchaser’s possession and control as may be reasonably necessary for the Company to undertake the Company Interconnection Works and the EPC Works, including details of all existing and planned facilities necessary to connect the Complex with the Grid System, Despatch and communications procedures currently in use by the Power Purchaser and any planned changes to the Despatch and communication procedures then in effect. In connection with the provision of such documents and information, the Power Purchaser shall allow the Company during the period from Power Purchaser’s regular business hours to make copies of such documents and information, at the Effective Date until expiry Company’s sole cost and expense, and to have reasonable access to and to consult with the Power Purchaser’s relevant personnel engaged in the management, operation, maintenance and reinforcement of the Term Grid System. When such documents and information is no longer required for the purposes provided herein, such documents and information shall be returned to the Power Purchaser or earlier termination of this Agreementdestroyed by the Company.
5.4.3 (d) Each Party shall notify the other Party in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4pursuant to this Section 4.2.
Appears in 1 contract
Sources: Power Purchase Agreement
Submission of Reports and Information. 5.4.1 6.2.1 The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) the following Purchaser thefollowing documents on or before the specified dates:
5.4.1.1 beginning from 6.2.1.1 As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
6.2.1.2 As soon as available, but no later than the Effective Date, a copy of the Water Use Agreement and/or potable water supply account as executed, with any amendments thereto;
6.2.1.3 Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC Contract, Commercial Operations Date,
(a) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein,
(b) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten and
(10c) Days after expiry reports, when and as the Seller becomes aware, of each such Month and (ii) any condition or event and/or any change in such condition or event that could will have a material and adverse effect on the timely completion of the construction of the Complex.
6.2.1.4 No later than ninety (90) Days after the Effective Date,
(a) evidence demonstrating that the Seller has obtained all the Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Electrical Output from, the Complex,
(b) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Electrical Output from the Complex, and
(c) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such Seller Consents and an estimate of the time within which such Seller Consents will be expected to delay the occurrence of a Commercial Operations Date, promptly upon the Concessionaire becoming aware of such condition or eventobtained;
5.4.1.2 at 6.2.1.5 At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test scheduleschedule for the Complex;
5.4.1.3 6.2.1.6 On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement;
6.2.1.7 On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's ’s All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueSection 13;Schedule 8;
5.4.1.4 as 6.2.1.8 As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipment; and, and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser;
5.4.1.5 no 6.2.1.9 No later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Seller pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and
6.2.1.10 As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 6.2.2 The Concessionaire shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this Agreement.
5.4.3 Each Party Seller shall notify the other Party Purchaser promptly from time to time whenever it determines that the then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for the Commissioning of the Complex which shall not in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4.event be earlier than ten
Appears in 1 contract
Sources: Power Purchase Agreement
Submission of Reports and Information. 5.4.1 (a) The Concessionaire Company shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Power Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from (i) As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
(ii) As soon as available, but no later than the Effective Date, a copy of the Water Use Agreement, as executed, with any amendments thereto;
(iii) Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC ContractCommercial Operations Date, (A) reasonably detailed Construction Reports (in such form delivered to the Power Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein, (B) for each Monthsuch other reports as are submitted to the Company by the Engineer, delivered no later than ten (10) Days after expiry of each such Month and (iiC) reports, when and as the Company becomes aware, of any condition or event and/or any change in such condition or event that could reasonably be expected to delay will have a material and adverse effect on the occurrence timely completion of a Commercial Operations the construction of the Complex.
(iv) No later than ninety (90) Days after the Effective Date, promptly upon (A) evidence demonstrating that the Concessionaire becoming aware Company has obtained all Company Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Electrical Output from, the Complex, (B) a list identifying the Company Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Electrical Output from the Complex, and (C) a list identifying the Company Consents applied for by the Company or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Power Purchaser for obtaining such condition or eventCompany Consents and an estimate of the time within which such Company Consents will be obtained;
5.4.1.2 at (v) At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test scheduleschedule for the Complex;
5.4.1.3 (vi) On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Company and the Power Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement;
(vii) On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's ’s All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueSchedule 8;
5.4.1.4 as (viii) As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipment; and, and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Power Purchaser;
5.4.1.5 no (ix) No later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Company pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and
(x) As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 (b) The Concessionaire Company shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or notify the Power Purchaser under promptly from time to time whenever it determines that the Heat Purchase Agreement then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for the Commissioning of the Complex which shall not in any event be earlier than ten (10) Business Days following the date of delivery of such notice to the Power Purchase AgreementPurchaser.
(c) The Power Purchaser shall provide to the Company within thirty (30) Business Days after receipt of a written request from the Company, respectivelydocuments and information on the Grid System and such other documents and data in the Power Purchaser’s possession and control as may be reasonably necessary for the Company to undertake the Company Interconnection Works and the Construction Works, including details of all existing and planned facilities necessary to connect the Complex with the Grid System, despatch and communications procedures currently in use by the Power Purchaser and any planned changes to the despatch and communication procedures then in effect. In connection with the provision of such documents and information, the Power Purchaser shall allow the Company during the period from Power Purchaser’s regular business hours to make copies of such documents and information, at the Effective Date until expiry Company’s sole cost and expense, and to have reasonable access to and to consult with the Power Purchaser’s relevant personnel engaged in the management, operation, maintenance and reinforcement of the Term Grid System. When such documents and information is no longer required for the purposes provided herein, such documents and information shall be returned to the Power Purchaser or earlier termination of this Agreementdestroyed by the Company.
5.4.3 (d) Each Party shall notify the other Party in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4pursuant to this Section 4.2.
Appears in 1 contract
Sources: Power Purchase Agreement
Submission of Reports and Information. 5.4.1 6.2.1 The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from 6.2.1.1 As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
6.2.1.2 As soon as available, but no later than the Effective Date, a copy of the Water Use Agreement and/or portable water supply account as executed, with any amendments thereto;
6.2.1.3 Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC Contract, Commercial Operations Date,
(a) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein,
(b) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten and
(10c) Days after expiry reports, when and as the Seller becomes aware, of each such Month and (ii) any condition or event and/or any change in such condition or event that could will have a material and adverse effect on the timely completion of the construction of the Complex.
6.2.1.4 No later than ninety (90) Days after the Effective Date,
(a) evidence demonstrating that the Seller has obtained all the Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Electrical Output from, the Complex,
(b) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Electrical Output from the Complex, and
(c) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such Seller Consents and an estimate of the time within which such Seller Consents will be expected to delay the occurrence of a Commercial Operations Date, promptly upon the Concessionaire becoming aware of such condition or eventobtained;
5.4.1.2 at 6.2.1.5 At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test schedule;schedule for the Complex.
5.4.1.3 6.2.1.6 On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement.
6.2.1.7 On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's ’s All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issue;Clause 13.
5.4.1.4 as 6.2.1.8 As soon as available, but no later than fifteen (15) Days following each Commissioning Test, two copies of all results of such Commissioning Test, including tests of major equipment included in the Plant (or any part thereof), tests of electricity metering equipment; and
5.4.1.5 no later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof), one copy, as received by the Concessionaire under the EPC Contract, of all the manufacturers' specifications and manufacturers' operation manuals.
5.4.2 The Concessionaire shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this Agreement.
5.4.3 Each Party shall notify the other Party in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4.thirty
Appears in 1 contract
Sources: Power Purchase Agreement
Submission of Reports and Information. 5.4.1 The Concessionaire shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) the following documents on or before the specified dates:
5.4.1.1 beginning from the Effective Date and ending on the expiry of the warranty period under the EPC Contract, Construction Reports (in such form and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (including any updates to the construction milestone schedule) for each Month, delivered no later than ten (10) Days after expiry of each such Month and (ii) any condition or event and/or any change in such condition or event that could reasonably be expected to delay the occurrence of a Commercial Operations Date, promptly upon the Concessionaire becoming aware of such condition or event;
5.4.1.2 at least ten (10) Days prior to the scheduled commencement of testing of the Plant (or any part thereof) and Commissioning, a preliminary start-up and test schedule;
5.4.1.3 within twenty (20) Business Days of the Construction Start Date, a copy of the certificate of insurance for the 'EPC Contractor's All Risk Insurance Policy' and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1, copies of all insurance policies and certificates of insurance detailed in Error! Reference ource not found. Schedule 10 together with all updates thereof promptly upon issue;
5.4.1.4 as soon as available, but no later than fifteen (15) Days following each Commissioning Test, two copies of all results of such Commissioning Test, including tests of major equipment included in the Plant (or any part thereof), tests of electricity metering equipment; and
5.4.1.5 no later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof), one copy, as received by the Concessionaire under the EPC Contract, of all the manufacturers' specifications and manufacturers' operation manuals.
5.4.2 The Concessionaire shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this Agreement.
5.4.3 Each Party shall notify the other Party in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4.
Appears in 1 contract
Sources: Concession Agreement
Submission of Reports and Information. 5.4.1 (a) The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from (i) As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
(ii) Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC Contract, Commercial Operations Date:
(A) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein,
(B) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten and
(10C) Days after expiry reports, when and as the Seller becomes aware, of each such Month and (ii) any condition or event and/or any change in such condition or event that could will have a material and adverse effect on the timely completion of the construction of the Complex.
(iii) No later than ninety (90) Days after the Effective Date:
(A) evidence demonstrating that the Seller (or its Contractor, if applicable) has obtained all Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Delivered Energy from, the Complex,
(B) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Delivered Energy from the Complex, and
(C) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such Seller Consents and an estimate of the time within which such Seller Consents will be expected to delay the occurrence of a Commercial Operations Date, promptly upon the Concessionaire becoming aware of such condition or eventobtained;
5.4.1.2 at (iv) At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test scheduleschedule respectively for the Complex;
5.4.1.3 (v) On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement;
(vi) On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for the policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueSchedule 8;
5.4.1.4 as (vii) As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipment; andequipment and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser;
5.4.1.5 no (viii) No later than thirty (30) Days following each successful Commissioning Test, Test for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Seller pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and
(ix) As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 (b) The Concessionaire Seller shall notify the Purchaser promptly from time to time whenever it determines that the then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for Commissioning which shall not in any event be earlier than ten (10) Business Days following the date of delivery of such notice to the Purchaser.
(c) The Purchaser shall provide to the Government with Seller within fifteen(15) Business Days after receipt of a copy written request from the Seller, documents and information which shall include documents and information on the Purchaser Interconnection Facilities, transmission facilities, Metering System, the Grid System and such other documents, technical details and any other data in the Purchaser’s possession and control as may be reasonably necessary for the Seller to undertake its obligations under this Agreement, the Seller Interconnection Works and the construction works, including details of all notices existing and planned facilities necessary to connect the Complex with the Grid System, Despatch and communications procedures currently in use by the Purchaser and any planned changes to the Despatch and communication procedures then in effect. In connection with the provision of such documents and information, the Purchaser shall allow the Seller during the Purchaser’s regular business hours to make copies of such documents and information, at the Seller’s sole cost and expense, and to have reasonable access to and to consult with the Purchaser’s (or the Gird System Operator’s) relevant personnel engaged in the management, operation, maintenance and reinforcement of the Grid System. When such documents and information is no longer required to for the purposes provided herein, such documents and information shall be provided returned to the Heat Purchaser or destroyed by the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this AgreementSeller.
5.4.3 (d) Each Party shall notify the other Party in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4pursuant to this Section 4.2.
Appears in 1 contract
Sources: Energy Purchase Agreement
Submission of Reports and Information. 5.4.1 (a) The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from (i) As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
(ii) As soon as available, but no later than the Effective Date, a copy of the Water Use Agreement, as executed, with any amendments thereto;
(iii) Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC ContractCommercial Operations Date, (A) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein, (B) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten (10) Days after expiry of each such Month and (iiC) reports, when and as the Seller becomes aware, of any condition or event and/or any change in such condition or event that could reasonably be expected to delay will have a material and adverse effect on the occurrence timely completion of a Commercial Operations the construction of the Complex;
(iv) No later than ninety (90) Days after the Effective Date, promptly upon (A) evidence demonstrating that the Concessionaire becoming aware Seller (or its Contractors, if applicable) has obtained all Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Delivered Energy from, the Complex, (B) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Delivered Energy from the Complex, and (C) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such condition or eventSeller Consents and an estimate of the time within which such Seller Consents will be obtained;
5.4.1.2 at (v) At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test scheduleschedule for the Complex;
5.4.1.3 (vi) On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement;
(vii) On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueSchedule 8;
5.4.1.4 as (viii) As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipment; andequipment and the Flow Meters, and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser;
5.4.1.5 no (ix) No later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Seller pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and
(x) As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 (b) The Concessionaire shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this Agreement.
5.4.3 Each Party Seller shall notify the other Party Purchaser promptly from time to time whenever it determines that the then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for the Commissioning of the Complex which shall not in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4.event be earlier than ten
Appears in 1 contract
Sources: Energy Purchase Agreement
Submission of Reports and Information. 5.4.1 (a) The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from : As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto; As soon as available, but no later than the Effective Date, a copy of the Water Use Agreement, as executed, with any amendments thereto; Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC ContractCommercial Operations Date, (A) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein, (B) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten (10) Days after expiry of each such Month and (iiC) reports, when and as the Seller becomes aware, of any condition or event and/or any change in such condition or event that could reasonably be expected to delay will have a material and adverse effect on the occurrence timely completion of a Commercial Operations the construction of the Complex; No later than ninety (90) Days after the Effective Date, promptly upon (A) evidence demonstrating that the Concessionaire becoming aware Seller (or its Contractors, if applicable) has obtained all Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Delivered Energy from, the Complex, (B) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Delivered Energy from the Complex, and (C) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such condition or event;
5.4.1.2 at Seller Consents and an estimate of the time within which such Seller Consents will be obtained; At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test schedule;
5.4.1.3 schedule for the Complex; On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement; On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issue;
5.4.1.4 as Schedule 8; As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipmentequipment and the Flow Meters, and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser; and
5.4.1.5 no No later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Seller pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 (b) The Concessionaire Seller shall notify the Purchaser promptly from time to time whenever it determines that the then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for the Commissioning of the Complex which shall not in any event be earlier than ten (10) Business Days following the date of delivery of such notice to the Purchaser.
(c) The Purchaser shall provide the Government with a copy of all notices and information required or cause to be provided to the Heat Seller within thirty (30) Days after receipt of a written request from the Seller, documents and information on the Grid System and such other documents and data in the Purchaser’s or the Grid System Operator’s possession and control as may be reasonably necessary for the Seller to undertake the Seller Interconnection Works and the Construction Works, including details of all existing and planned facilities necessary to connect the Complex with the Grid System, despatch and communications procedures currently in use by the Purchaser, the Grid System Operator and the System Operator, and any planned changes to the despatch and communication procedures then in effect. In connection with the provision of such documents and information, the Purchaser shall allow and enable the Seller during regular business hours to make copies of such documents and information, at the Seller’s sole cost and expense, and to have reasonable access to and to consult with the Purchaser’s, the Grid System Operator’s and the System Operator’s relevant personnel engaged in the management, operation, maintenance and reinforcement of the Grid System. When such documents and information is no longer required for the purposes provided herein, such documents and information shall be returned to the Purchaser or destroyed by the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this AgreementSeller.
5.4.3 (d) Each Party shall notify the other Party in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4pursuant to this Section 4.2.
Appears in 1 contract
Sources: Energy Purchase Agreement
Submission of Reports and Information. 5.4.1 (a) The Concessionaire Seller shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from (i) As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
(ii) Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC Contract, Commercial Operations Date:
(A) reasonably detailed Construction Reports (in such form delivered to the Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein,
(B) for each Monthsuch other reports as are submitted to the Seller by the Engineer, delivered no later than ten and
(10C) Days after expiry reports, when and as the Seller becomes aware, of each such Month and (ii) any condition or event and/or any change in such condition or event that could will have a material and adverse effect on the timely completion of the construction of the Complex.
(iii) No later than ninety (90) Days after the Effective Date:
(A) evidence demonstrating that the Seller (or its Contractor, if applicable) has obtained all Seller Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Delivered Energy from, the Complex,
(B) a list identifying the Seller Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Delivered Energy from the Complex, and
(C) a list identifying the Seller Consents applied for by the Seller or its Contractors but not yet issued or received, together with a plan reasonably acceptable to the Purchaser for obtaining such Seller Consents and an estimate of the time within which such Seller Consents will be expected to delay the occurrence of a Commercial Operations Date, promptly upon the Concessionaire becoming aware of such condition or eventobtained;
5.4.1.2 at (iv) At least ten sixty (1060) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test scheduleschedule respectively for the Complex;
5.4.1.3 (v) On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement;
(vi) On or as soon as practicable following the Construction Start Date but in any event within twenty ten (2010) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for the policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueSchedule 8;
5.4.1.4 as (vii) As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of related electricity metering equipment; andequipment and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser;
5.4.1.5 no (viii) No later than thirty (30) Days following each successful Commissioning Test, Test for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Seller pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals; and
(ix) As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test.
5.4.2 (b) The Concessionaire Seller shall notify the Purchaser promptly from time to time whenever it determines that the then expected date for the Commissioning of the Complex is unfeasible or inappropriate, and shall specify a revised expected date for Commissioning which shall not in any event be earlier than ten (10) Business Days following the date of delivery of such notice to the Purchaser.
(c) The Purchaser shall provide to the Government with Seller within fifteen (15) Business Days after receipt of a copy written request from the Seller, documents and information which shall include documents and information on the Purchaser Interconnection Facilities, transmission facilities, Metering System, the Grid System and such other documents, technical details and any other data in the Purchaser’s possession and control as may be reasonably necessary for the Seller to undertake its obligations under this Agreement, the Seller Interconnection Works and the construction works, including details of all notices existing and planned facilities necessary to connect the Complex with the Grid System, Despatch and communications procedures currently in use by the Purchaser and any planned changes to the Despatch and communication procedures then in effect. In connection with the provision of such documents and information, the Purchaser shall allow the Seller during the Purchaser’s regular business hours to make copies of such documents and information, at the Seller’s sole cost and expense, and to have reasonable access to and to consult with the Purchaser’s (or the Gird System Operator’s) relevant personnel engaged in the management, operation, maintenance and reinforcement of the Grid System. When such documents and information is no longer required to for the purposes provided herein, such documents and information shall be provided returned to the Heat Purchaser or destroyed by the Power Purchaser under the Heat Purchase Agreement or the Power Purchase Agreement, respectively, during the period from the Effective Date until expiry of the Term or earlier termination of this AgreementSeller.
5.4.3 (d) Each Party shall notify the other Party in a timely manner upon becoming aware of any changes to the information provided to the other Party under Clause 5.4pursuant to this Section 4.2.
Appears in 1 contract
Sources: Energy Purchase Agreement
Submission of Reports and Information. 5.4.1 (a) The Concessionaire Company shall submit, or cause to be submitted, to the Government (with copies to each of the Offtakers) Power Purchaser the following documents on or before the specified dates:
5.4.1.1 beginning from (i) As soon as available, but no later than the Effective Date, a copy of the Implementation Agreement as executed, with any amendments thereto;
(ii) Beginning within thirty (30) Days after the Effective Date and ending on the expiry of the warranty period under the EPC ContractCommercial Operations Date, (A) reasonably detailed Construction Reports (in such form delivered to the Power Purchaser not later than the last Day of March, June, September and in such content as the Government may reasonably require detailing (i) all construction activities in respect of the CHP5 Project (December, including any updates to the construction milestone scheduleschedule contained therein, (B) for each Monthsuch other reports as are submitted to the Company by the Engineer, delivered no later than ten (10) Days after expiry of each such Month and (iiC) reports, when and as the Company becomes aware, of any condition or event and/or any change in such condition or event that could reasonably will have a material and adverse effect on the timely completion of the construction of the Complex, all of which shall simultaneously also be expected submitted to delay NTDC.
(iii) No later than ninety (90) Days after the occurrence of a Commercial Operations Effective Date, promptly upon (A) evidence demonstrating that the Concessionaire becoming aware Company has obtained all Company Consents then required to be obtained for the lease/ownership, construction, operation and maintenance of, and the supply and delivery of Net Electrical Output from, the Complex, (B) a list identifying the Company Consents not yet required to be obtained for the operation and maintenance of, and the supply and delivery of Net Electrical Output from the Complex, and (C) a list identifying the Company Consents applied for by the Company or its Contractors but not yet issued or received, together with a plan for obtaining such condition or eventCompany Consents and an estimate of the time within which such Company Consents will be obtained;
5.4.1.2 at least (iv) As and when available, drafts of the Fuel Supply Agreement, and copies of the Fuel Supply Agreement and any amendments thereto within ten (10) Business Days of the date such agreement and any such amendments thereto are executed;
(v) At least sixty (60) Days prior to the scheduled commencement of testing and Commissioning of the Plant (or any part thereof) and CommissioningComplex, a preliminary start-up and test scheduleschedule for the Complex, which shall simultaneously also be submitted to NTDC;
5.4.1.3 within twenty (20vi) On or before the Commercial Operations Date, a certificate from the Engineer addressed to the Company, NTDC and the Power Purchaser to the effect that based upon its monitoring and review of construction, the construction of the Complex has been carried out in all material respects in compliance with the terms of this Agreement, which shall simultaneously be submitted to NTDC;
(vii) On or as soon as practicable following the Construction Start Date but in any event no later than ten (10) Business Days of the Construction Start Datethereafter, a copy of the certificate of insurance for the 'EPC Contractor's ’s All Risk Insurance Policy' Policy and, as soon as available, a copy of such policy, and as soon as is available but in any event on or before the Commercial Operations Date for Unit 1and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for policies detailed in Error! Reference ource not found. together with all updates thereof promptly upon issueSchedule 8;
5.4.1.4 as (viii) As soon as available, but no later than fifteen thirty (1530) Days following each Commissioning TestTests, two copies of all results of such the Commissioning TestTests, including tests of major equipment included in the Plant (or any part thereof)Complex, tests of electricity metering equipment; and, and a certificate from the Engineer confirming each successful Commissioning Test, which shall simultaneously also be submitted to NTDC;
5.4.1.5 no (ix) No later than thirty (30) Days following each successful Commissioning Test, for the major items of plant incorporated into the Plant (or any part thereof)Complex, one copy, as received by the Concessionaire under Company pursuant to the EPC Contract, of all the manufacturers' ’ specifications and manufacturers' ’ operation manuals, which shall simultaneously also be submitted to NTDC; and
(x) As soon as available, but no later than thirty (30) Days following the successful completion of the Commissioning Tests, two copies of the Commissioning Tests results performed on the Complex, and a certificate from the Engineer confirming the results of each such test, which shall simultaneously also be submitted to NTDC.
5.4.2 (b) The Concessionaire Company shall provide the Government with a copy of all notices and information required to be provided to the Heat Purchaser or notify the Power Purchaser under and NTDC promptly from time to time whenever it determines, on the Heat Purchase Agreement basis of reasonable evidence, that the then expected date for Commissioning of the Complex is unfeasible or impracticable, and shall specify a revised expected date for the Commissioning of the Complex which shall not in any event be earlier than ten (10) Business Days following the date of delivery of such notice to the Power Purchase Agreement, respectively, during Purchaser and NTDC.
(c) NTDC shall provide to the period Company within fifteen (15) Business Days after receipt of a written request from the Effective Date until expiry Company, documents and information on the Grid System and such other documents and data in the NTDC’s possession and control as may be reasonably necessary for the Company to undertake the Company Interconnection Works and the EPC Works, including details of all existing and planned facilities necessary to connect the Complex with the Grid System, Despatch and communications procedures currently in use by NTDC, and any planned changes to the Despatch and communication procedures then in effect. In connection with the provision of such documents and information, NTDC shall allow the Company during NTDC’s regular business hours to make copies of such documents and information, at the Company’s sole cost and expense, and to have reasonable access to and to consult with NTDC’s relevant personnel engaged in the management, operation, maintenance and reinforcement of the Term Grid System. When such documents and information is no longer required for the purposes provided herein, such documents and information shall be returned to NTDC or earlier termination of this Agreementdestroyed by the Company.
5.4.3 (d) Each Party shall notify the other Party Parties in a timely manner upon becoming aware of any changes to in the information provided to the other Party under Clause 5.4pursuant to this Section 4.2.
Appears in 1 contract
Sources: Power Purchase Agreement