Common use of Written confirmation Clause in Contracts

Written confirmation. Prior to Commercial Operation or the Initial Delivery Date, as applicable, Seller shall request and obtain from Avista written confirmation that all conditions precedent to acceptance of electric energy have been fulfilled and request a Commercial Operation Date (“Confirmation Request”). Within ten (10) Business Days of receipt of such Confirmation Request, Avista shall either (i) determine that the requirements for the Commercial Operation Date or the Initial Delivery Date, as applicable, to occur set forth in Section 5.2 have been satisfied and, therefore, provide Seller a written notice of the Commercial Operation Date or the Initial Delivery Date, as applicable, (and such date shall be the next Business Day after the date of the Confirmation Request), or (ii) determine that one or more requirements for the Commercial Operation Date or the Initial Delivery Date, as applicable, to occur set forth in Section 5.2 are not yet satisfied, in which event Avista shall provide Seller written notice that one or more of such requirements in Section 5.2 have not been satisfied, accompanied by a reasonably detailed explanation for any such determination. In the event that Avista provides notice that one or more of the requirements for the Commercial Operation Date or the Initial Delivery Date, as applicable, to occur set forth in Section 5.2 have not been satisfied, Seller shall promptly correct such deficiencies. After all deficiencies are corrected, Seller shall reinitiate the process for receiving written confirmation under this Section 5.1.15 by again submitting a Confirmation Request, and Avista will promptly provide written confirmation once it has verified the requirements for the Commercial Operation Date to occur (and such date shall be the next Business Day after the date of the resubmitted Confirmation Request).

Appears in 2 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement

Written confirmation. Prior to Commercial Operation or the Initial Delivery Date, as applicable, Seller shall request and obtain from Avista written confirmation that all conditions precedent to acceptance of electric energy have been fulfilled and request a Commercial Operation Date (“Confirmation Request”). Within ten (10) Business Days of receipt of such Confirmation Request, Avista shall either (i) determine that the requirements for the Commercial Operation Date or the Initial Delivery Date, as applicable, to occur set forth in Section 5.2 have been satisfied and, therefore, provide Seller a written notice of the Commercial Operation Date or the Initial Delivery Date, as applicable, (and such date shall be the next Business Day after the date of the Confirmation Request), or (ii) determine that one or more requirements for the Commercial Operation Date or the Initial Delivery Date, as applicable, to occur set forth in Section 5.2 are not yet satisfied, in which event Avista shall provide Seller written notice that one or more of such requirements in Section 5.2 have not been satisfied, accompanied by a reasonably detailed explanation for any such determination. In the event that Avista provides notice that one or more of the requirements for the Commercial Operation Date or the Initial Delivery Date, as applicable, to occur set forth in Section 5.2 have not been satisfied, Seller shall promptly correct such deficiencies. After all deficiencies are corrected, Seller shall reinitiate the process for receiving written confirmation under this Section 5.1.15 by again submitting a Confirmation Request, and Avista will promptly provide written confirmation once it has verified the requirements for the Commercial Operation Date to occur (and such date shall be the next Business Day after the date of the resubmitted Confirmation Request).Section

Appears in 1 contract

Sources: Power Purchase Agreement