Trigger Date. The “Trigger Date” shall be the earlier of: (a) The date selected by Seller, in its sole discretion, by Notice to SCE; or (b) The earliest date on which all of the following have occurred: (i) CPUC Approval has been obtained, (ii) Seller has executed interconnection and transmission agreements with BPA for interconnection and transmission access with respect to the Generating Facility, (iii) Seller has obtained a site certificate to construct and Operate the wind facility from the Oregon Energy Facility Siting Council, and (iv) Federal Production Tax Credit Legislation is in full force and effect and extended so that PTCs are available for any Wind Turbines at the Generating Facility that are “placed-in-service” on or prior to the date that is no less than one (1) year after the last date of scheduled Wind Turbine delivery (the “Last Delivery Date”) under Seller’s executed Wind Turbine supply contracts (the “Wind Turbine Contracts”). Within thirty (30) days after Seller’s execution of the Wind Turbine Contracts, Seller must provide SCE with Notice of the Last Delivery Date. If Seller has not selected a date and provided Notice of same to SCE under Section 1.02(a), Seller must provide prompt Notice to SCE when the conditions set forth in Section 1.02(b) are achieved.
Appears in 2 contracts
Sources: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement