Submission of Reports and Information. (a) The Seller shall submit, or cause to be submitted, to the Purchaser from the Effective Date and through the Commercial Operations Date: (i) Each month, a Construction Report, and copies of all other reports Seller submits to USAID under the USAID Contract and to any Lender under any Financing Document regarding the Project; (ii) Copies of reports submitted to the Seller by the Engineer; (iii) Information, when and as the Seller becomes aware, regarding any condition or event and/or any change in such condition or event that will have a material and adverse effect on timely completion of the construction of the Facility; (iv) At least thirty (30) Days prior to the scheduled commencement of testing of the Facility or any Array, a preliminary test schedule for the Facility; (v) On or before the Commercial Operations Date, a copy of Seller’s Operating Procedures for the Facility, which incorporate the technical limits of the Facility, together with 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 Facility has been carried out in all material respects in compliance with the terms of this Agreement and the Seller’s Operating Procedures are appropriate and consistent with Prudent Utility Practices for the Facility; (vi) On, or as soon as practicable following, the Effective Date but, in any event, within ten (10) Business Days thereafter, a copy of the certificate of insurance for the All Risk Insurance Policy and, as soon as available, a copy of such policy; and, as soon as available but, in any event on or before the Commercial Operations Date and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for the policies detailed in Schedule 7; (vii) As soon as available, but no later than thirty (30) Days following the Commissioning Operations Date, two copies of all results of the Commissioning Tests, including tests of major equipment included in the Facility, tests of related electricity metering equipment and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser; (viii) No later than thirty (30) Days following each successful Commissioning Test for the major items of plant incorporated into the Facility, one copy, as received by the Seller, of all the manufacturers’ specifications and manufacturers’ operation manuals; and (ix) As soon as available, but no later than thirty (30) Days following the Commercial Operations Date, two copies of the Commissioning Tests results, and a certificate from the Engineer confirming the results. (b) The Seller shall ensure that the Facility has adequate security and surveillance equipment and facilities, including a satisfactory security fence around the Facility, so as to minimize the risk of vandalism and theft on the Site, with adequate, trained and experienced personnel available to operate such equipment and to take reasonable action to protect the Facility in the event of any breach or attempted breach of such security equipment and facilities and unauthorized trespass onto the Site. Further, the Seller shall, at its own cost, take appropriate actions in order provided for its own security and that of its employees, to include the development of a Security Plan, which shall be reviewed and accepted by the Purchaser. (c) The Seller shall invite the Purchaser to all meetings it has with USAID during the construction of the Facility in accordance with the terms of the USAID Contract. At the meetings the Seller shall present (i) the accomplishments of the previous month, (ii) the cumulative status of the project, (iii) the plans for the coming month, (iv) identify upcoming challenges, and (v) identify areas where and how the USAID and the Purchaser may be of assistance to the Seller in overcoming the Seller’s challenges. (d) Seller shall notify the Purchaser in a timely manner upon becoming aware of any changes to the information provided to the Purchaser pursuant to this Section 4.2, or to USAID under the USAID Contract.
Appears in 2 contracts
Submission of Reports and Information. (a) The Seller shall submit, or cause to be submitted, to the Purchaser from the following documents on or before the specified dates:
(i) Beginning within thirty (30) Days after the Effective Date and through ending on the Commercial Operations Date:
(iA) Each monthreasonably detailed Construction Reports delivered to the Purchaser no later than the last Day of each Month, a Construction Report, and copies of all other reports Seller submits including any updates to USAID under the USAID Contract and to any Lender under any Financing Document regarding the Projectconstruction milestone schedule contained therein;
(iiB) Copies of such other reports as are submitted to the Seller by the Engineer within five (5) Days of such reports being provided to the Seller by the Engineer;; and
(iiiC) Informationreports, when and as the Seller becomes aware, regarding aware of any condition or event and/or any change in such condition or event that will have a material and adverse effect on timely completion of the construction of the FacilityComplex;
(ivii) At least thirty sixty (3060) Days prior to the scheduled commencement of testing and Commissioning of the Facility or any ArrayComplex, a serially prioritized preliminary test schedule for the FacilityComplex;
(viii) On or before the Commercial Operations Date, a copy of Seller’s Operating Procedures for the Facility, which incorporate the technical limits of the Facility, together with a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its monitoring and review of constructionprocurement and construction activities, the construction of the Facility Complex has been carried out in all material respects in compliance with the terms of this Agreement and the Seller’s Operating Procedures are appropriate and consistent with Prudent Utility Practices for the Facilityis of acceptable standards;
(viiv) On, or as soon as practicable following, the Effective Construction Start Date but, but in any event, within ten (10) Business Days thereafter, a copy of the certificate of insurance for the All Risk Insurance Policy EPC Contactor’s all risk insurance policy and, as soon as available, a copy of such policy; and, as soon as available but, in any event on or before the Commercial Operations Date and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for the policies detailed in Schedule 78;
(viiv) As soon as available, but no later than thirty (30) Days following the Commissioning Operations DateTests, two copies of all results of the Commissioning Tests, including tests of major equipment included in the FacilityComplex, tests of related electricity metering equipment and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser;
(viiivi) No later than thirty (30) Days following each successful Commissioning Test for the major items of plant incorporated into the FacilityComplex, one copy, as received by the SellerSeller pursuant to the EPC Contract, of all the manufacturers’ specifications and manufacturers’ operation manuals; and;
(ixvii) As soon as available, but no later than thirty (30) Days following successful completion of the Commercial Operations DateCommissioning Tests, two copies of the Commissioning Tests resultsresults performed on the Complex, and a certificate from the Engineer confirming the resultsresults of each such test; and
(viii) No later than sixty (60) 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 the 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 the 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 obtained.
(b) The Seller shall ensure notify the Purchaser promptly from time to time whenever it determines that the Facility has adequate security then-expected date for Commissioning of the Complex is unfeasible or inappropriate, and surveillance equipment and facilitiesshall specify a revised expected date for Commissioning which shall not, including a satisfactory security fence around in any event, be earlier than seven (7) Business Days following the Facility, so as to minimize the risk date of vandalism and theft on the Site, with adequate, trained and experienced personnel available to operate such equipment and to take reasonable action to protect the Facility in the event of any breach or attempted breach delivery of such security equipment and facilities and unauthorized trespass onto the Site. Further, the Seller shall, at its own cost, take appropriate actions in order provided for its own security and that of its employees, notice to include the development of a Security Plan, which shall be reviewed and accepted by the Purchaser.
(c) The Within fifteen (15) Business Days after receipt of a written request from the Seller shall invite or as soon as reasonably practicable, the Purchaser to all meetings it has with USAID during the construction of the Facility in accordance with the terms of the USAID Contract. At the meetings the Seller shall present (i) the accomplishments of the previous month, (ii) the cumulative status of the project, (iii) the plans for the coming month, (iv) identify upcoming challenges, and (v) identify areas where and how the USAID and the Purchaser may be of assistance provide to 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 overcoming the Purchaser’s possession and control as may reasonably be necessary for the Seller to undertake its obligations under this Agreement, 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 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 challengessole cost and expense, and to have reasonable access to and to consult with the Purchaser’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 Seller.
(d) Seller Each Party shall notify the Purchaser other Party in a timely manner upon becoming aware of any changes to the information provided to the Purchaser other Party pursuant to this Section 4.2, or to USAID under the USAID Contract.
Appears in 1 contract
Sources: Energy Purchase Agreement
Submission of Reports and Information. (a) The Seller shall submit, or cause to be submitted, to the Purchaser from the following documents on or before the specified dates:
(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 through ending on the Commercial Operations Date:
(iA) Each monthreasonably detailed Construction Reports delivered to the Purchaser no later than the last day of March, a Construction ReportJune, September and copies of all other reports Seller submits December, including any updates to USAID under the USAID Contract and to any Lender under any Financing Document regarding the Projectconstruction milestone schedule contained therein;
(iiB) Copies of such other reports as are submitted to the Seller by the Engineer;; and
(iiiC) Informationreports, when and as the Seller becomes aware, regarding aware of any condition or event and/or any change in such condition or event that will have a material and adverse effect on timely completion of the construction of the FacilityComplex;
(iviii) At least thirty sixty (3060) Days prior to the scheduled commencement of testing and Commissioning of the Facility or any ArrayComplex, a serially prioritized preliminary test schedule for the FacilityComplex;
(viv) On or before the Commercial Operations Date, a copy of Seller’s Operating Procedures for the Facility, which incorporate the technical limits of the Facility, together with 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 Facility Complex has been carried out in all material respects in compliance with the terms of this Agreement and the Seller’s Operating Procedures are appropriate and consistent with Prudent Utility Practices for the FacilityAgreement;
(viv) On, or as soon as practicable following, the Effective Construction Start Date but, in any event, within ten (10) Business Days thereafter, a copy of the certificate of insurance for the All Risk Insurance Policy and, as soon as available, a copy of such policy; and, as soon as available but, in any event on or before the Commercial Operations Date and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for the policies detailed in Schedule 78;
(viivi) As soon as available, but no later than thirty (30) Days following the Commissioning Operations DateTests, two copies of all results of the Commissioning Tests, including tests of major equipment included in the FacilityComplex, tests of related electricity metering equipment and a certificate from the Engineer confirming each successful Commissioning Test shall be provided to the Purchaser;
(viiivii) No later than thirty (30) Days following each successful Commissioning Test for the major items of plant incorporated into the FacilityComplex, one copy, as received by the SellerSeller pursuant to the EPC Contract, of all the manufacturers’ specifications and manufacturers’ operation manuals; and
(ixviii) As soon as available, but no later than thirty (30) Days following successful completion of the Commercial Operations DateCommissioning Tests, two copies of the Commissioning Tests resultsresults performed on the Complex, and a certificate from the Engineer confirming the resultsresults of each such test.
(b) The Seller shall ensure notify the Purchaser promptly from time to time whenever it determines that the Facility has adequate security then-expected date for Commissioning of the Complex is unfeasible or inappropriate, and surveillance equipment and facilitiesshall specify a revised expected date for Commissioning which shall not, including a satisfactory security fence around in any event, be earlier than ten (10) Business Days following the Facility, so as to minimize the risk date of vandalism and theft on the Site, with adequate, trained and experienced personnel available to operate such equipment and to take reasonable action to protect the Facility in the event of any breach or attempted breach delivery of such security equipment and facilities and unauthorized trespass onto the Site. Further, the Seller shall, at its own cost, take appropriate actions in order provided for its own security and that of its employees, notice to include the development of a Security Plan, which shall be reviewed and accepted by the Purchaser.
(c) The Seller shall invite Within fifteen (15) Business Days after receipt of a written request from the Seller, the Purchaser to all meetings it has with USAID during the construction of the Facility in accordance with the terms of the USAID Contract. At the meetings the Seller shall present (i) the accomplishments of the previous month, (ii) the cumulative status of the project, (iii) the plans for the coming month, (iv) identify upcoming challenges, and (v) identify areas where and how the USAID and the Purchaser may be of assistance provide to 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 overcoming the Purchaser’s possession and control as may reasonably be necessary for the Seller to undertake its obligations under this Agreement, 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 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 challengessole 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 for the purposes provided herein, such documents and information shall be returned to the Purchaser or destroyed by the Seller.
(d) Seller Each Party shall notify the Purchaser other Party in a timely manner upon becoming aware of any changes to the information provided to the Purchaser other Party pursuant to this Section 4.2, or to USAID under the USAID Contract.
Appears in 1 contract
Sources: Energy Purchase Agreement
Submission of Reports and Information. (a) a. The Seller shall submit, or cause to be submitted, to the Purchaser from the Effective Date and through the Commercial Operations Date:
(i) i. Each monthMonth, a Construction Report, and copies of all other reports Seller submits to USAID under the USAID Contract and to any Lender under any Financing Document Report regarding progress in the Project;
(ii) . Copies of reports submitted to the Seller by the Engineer;
(iii) . Information, as and when and as the Seller becomes aware, regarding any condition or event and/or event, or any change in such condition or event event, that will have a material and adverse effect on timely completion of the construction of the Facility;
(iv) . At least thirty (30) Days prior to the scheduled commencement of testing Commissioning Tests of the Facility or any ArrayGenerating Unit, a preliminary test schedule for the Facility;
(v) v. On or before the Commercial Operations Date, a copy of Seller’s Operating Procedures for the Facility, which incorporate the technical limits of the Facility, together with a certificate from the Engineer addressed to the Seller and the Purchaser to the effect that, based upon its his monitoring and review of construction, the construction of the Facility has been carried out in all material respects in compliance with the terms of this Agreement and the Seller’s Operating Procedures are appropriate and consistent with Prudent Utility Practices for the Facility;
(vi) . On, or as soon as practicable following, the Effective Date but, in any event, within ten (10) Business Days thereafter, a copy of the certificate of insurance for the All Risk Insurance Policy and, as soon as available, a copy of such policy; and, as soon as available but, in any event on or before the Commercial Operations Date and, as and when updated, copies of all insurance policies and certificates of insurance or other certificates of insurance for the policies detailed in Schedule 7;; and
(vii) . As soon as available, but no later than thirty (30) Days following the Commissioning Commercial Operations Date, two copies of all results of the Commissioning Tests, including tests of major equipment included in the Facility, tests of related electricity metering equipment and a certificate from the Engineer confirming each successful Commissioning Test Test, shall be provided to the Purchaser;
(viii) No later than thirty (30) Days following each successful Commissioning Test b. The Seller shall notify the Purchaser promptly from time to time whenever it determines that the then-expected date for the major items of plant incorporated into the Facility, one copy, as received by the Seller, of all the manufacturers’ specifications and manufacturers’ operation manuals; and
(ix) As soon as available, but no later than thirty (30) Days following the Commercial Operations Date, two copies of the Commissioning Tests resultsDate is unfeasible or inappropriate, and shall specify a certificate from revised expected Commercial Operations Date which shall not, in any event, be earlier than one week following the Engineer confirming the results.
(b) The Seller shall ensure that the Facility has adequate security and surveillance equipment and facilities, including a satisfactory security fence around the Facility, so as to minimize the risk date of vandalism and theft on the Site, with adequate, trained and experienced personnel available to operate such equipment and to take reasonable action to protect the Facility in the event of any breach or attempted breach delivery of such security equipment and facilities and unauthorized trespass onto notice to the SitePurchaser. FurtherIn case of revision of Commercial Operation Date due to the fault of Seller, the Seller shall, at its own cost, take appropriate actions in order provided for its own security and that of its employees, to include the development of a Security Plan, which shall be reviewed and accepted liable to pay Liquidated Damages as mentioned in clause 9.3 for not achieving Commercial Operation Date by the PurchaserRequired Commercial Operation Date.
(c) The Seller shall invite the Purchaser to all meetings it has with USAID during the construction of the Facility in accordance with the terms of the USAID Contract. At the meetings the Seller shall present (i) the accomplishments of the previous month, (ii) the cumulative status of the project, (iii) the plans for the coming month, (iv) identify upcoming challenges, and (v) identify areas where and how the USAID and the Purchaser may be of assistance to the Seller in overcoming the Seller’s challenges.
(d) c. Seller shall notify the Purchaser in a timely manner upon becoming aware of any changes to the information provided to the Purchaser pursuant to this Section 4.2, or to USAID under the USAID Contract.
Appears in 1 contract
Sources: Power Purchase Agreement