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AgdaPkt 2015-03-23 Closed and Joint SA PFA
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AgdaPkt 2015-03-23 Closed and Joint SA PFA
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Last modified
3/24/2015 9:22:13 AM
Creation date
3/19/2015 4:55:14 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
3/23/2015
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8.A. - Page 26 <br /> Seller shall proceed with all activities necessary to allow commencement of the <br /> construction phase, including completing the Preliminary Requirements (as set forth <br /> below) within the timeframes established in Schedule 8 [Project Site Milestones]. Upon <br /> completion of this phase, Seller shall proceed with the installation and construction <br /> phase. Seller's failure to meet Preliminary Requirements will be subject to Section 3.9 <br /> below. <br /> (a) Preliminary Requirements: <br /> (i) Prior to the execution of this Agreement, the Seller must comply with the <br /> insurance requirements for the design phase included as Exhibit E (Insurance <br /> Requirements). Seller shall maintain such coverage throughout this phase. <br /> (ii) Seller must comply with all system design requirements set forth in Exhibit B <br /> [Engineering & Construction Requirements]. <br /> (iii)Within the timeframe set forth in Schedule 8 [Project Site Milestones]: <br /> (1) Seller shall notify the Buyer in writing of the Expected Commercial <br /> Operation Date. <br /> (2) Each Party, upon request, shall furnish current certificates <br /> evidencing that the insurance coverage required in Exhibit E is being maintained. <br /> (iv) Within the timeframe set forth in Schedule 8 [Project Site Milestones]: <br /> (1) Seller must have obtained a financing commitment for <br /> construction of each Facility and submitted a signed term sheet or redacted <br /> financing agreement as satisfactory proof of such financing commitment to the <br /> Buyer or in the alternative, Seller may certify in writing that Seller will be self- <br /> financing the construction of the Facility and that Seller has sufficient funds to do <br /> so. Such certification shall be submitted by Seller in the Form of Certification in <br /> Exhibit G of this Agreement [Form of Certification]. <br /> (v) Within the timeframe set forth in Schedule 8 [Project Site Milestones] for a <br /> Facility, Seller must have applied for a building permit for the Facility. <br /> (vi)Seller must have obtained approval from the Buyer, which shall not be <br /> unreasonably withheld, conditioned or delayed of the final 100% detailed <br /> engineering drawings and specifications for the Facility. Seller must submit 65% <br /> and final 100%detailed engineering drawings and specifications for the Facility to <br /> Buyer for approval no later the date set forth in Schedule 8 [Project Site <br /> Milestones]. <br /> 3.8 Construction Phase <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 18 of 55 <br />
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