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8.A. - Page 25 <br /> responsibility, provided that Buyer cooperates in good faith with Seller to satisfy the <br /> requirements of CSI and those of the Local Electric Utility. <br /> 3.2 Seller shall provide services as described herein and pursuant to Exhibit B— Engineering <br /> and Construction Requirements. <br /> 3.3 [Intentionally left blank]. <br /> 3.4 Seller shall provide weekly status reports from the Effective Date through the Actual <br /> Commercial Operation Date, as well as any additional briefing requested by Buyer. <br /> 3.5 Seller will create, maintain and provide to Buyer, minutes of meetings between Buyer's <br /> representatives and Seller's Project Management Team. <br /> 3.6 CEQA Compliance <br /> (a) Compliance with the California Environmental Quality Act ("CEQA"), California Pub. <br /> Res. Code § 21000 et seq., is a condition precedent to the Buyer's obligations under <br /> this Agreement. The Seller shall not have any right to install a Facility until the Buyer <br /> has fully complied with CEQA, issued a statement to Seller attesting to the fact that <br /> Buyer has fully complied with CEQA as it relates to the Facility included in this <br /> Agreement, and issued a notice to proceed to Seller. In most cases, the Buyer expects <br /> to satisfy the CEQA requirements with a Notice of Exemption for each Generating <br /> Facility. <br /> (b) If the Buyer, in its discretion, determines that a mitigated negative declaration <br /> ("MND") or environmental impact report ("EIR") is required to comply with CEQA, <br /> then Buyer shall, provide Seller with a written statement detailing the reasons that <br /> Buyer believes that a MND or an EIR is required to comply with CEQA, the estimated <br /> cost to comply with CEQA for the Facility, and a statement that it will or will not pay <br /> for the estimated cost to comply with CEQA for the Facility. If Buyer declines to pay <br /> for all of the estimated costs to comply with CEQA, then this Agreement shall <br /> terminate as to the Facility, and neither Party shall have any liability to the other Party <br /> (other than any such liabilities that have accrued prior to such termination). <br /> (c) Within thirty (30) business days after the Effective Date, Buyer shall provide Seller <br /> either(1) a notice to proceed based on a Notice of Exemption under Section 3.6(a), or <br /> (2) the notice described pursuant to Section 3.6(b), including Buyer's election <br /> regarding payment of costs. Buyer reserves the right to terminate this agreement <br /> prior to the issuance of a Notice to Proceed in the event of a CEQA challenge, lawsuit <br /> or complaint relating to construction of the Facility, without any liability or costs to <br /> the Buyer. <br /> 3.7 Engineering- Design Phase <br /> During this phase, to commence after Buyer provides Seller with a Notice to Proceed, <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 17 of 55 <br />