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8.A. - Page 36 <br /> must be achieved in a timely fashion. Seller will use best commercial efforts to achieve <br /> the Milestones mutually agreed to at the time this PPA executed by the Seller and Buyer. <br /> (b) Weekly Reports. <br /> Unless otherwise specified in this Agreement, starting on the Effective Date, Seller shall <br /> provide weekly progress reports concerning the progress towards completion of the <br /> Milestones. In addition,within five (5) Business Days of the completion of each Milestone, <br /> Seller shall provide a certification to the Buyer(along with any supporting documentation) <br /> demonstrating the satisfaction of such Milestone. Seller shall provide to the Buyer <br /> additional information concerning Seller's progress towards, or confirmation of, <br /> achievement of the Milestones, as the Buyer may reasonably request from time to time. <br /> (c) Notice of Failure to Achieve a Milestone. <br /> Upon becoming aware that Seller will,or is reasonably likely to,fail to achieve one or more <br /> Milestone(s) by the required date,for any reason including a Force Majeure Event,Seller <br /> shall so notify the Buyer in writing immediately.Such notice shall explain the cause of the <br /> delay, provide an updated date for achievement of the Milestone(s),and describe Seller's <br /> plan for meeting such Milestone(s).Seller's notice will also explain any impact such delay <br /> may, or will have, on any other Milestone, and the measures to be taken to mitigate such <br /> impact. <br /> (d) Facility Substantial Completion Inspection. <br /> Seller shall notify Buyer when Substantial Completion of a Facility is achieved. At <br /> discretion of Buyer,Seller shall schedule and arrange for Buyer to conduct an inspection <br /> of the Facility after Substantial Completion.The inspection shall be scheduled for a date, <br /> mutually agreeable to Seller and Buyer, which is within ten (10) Business Days of Seller's <br /> notification of Substantial Completion of the Facility. Based on the inspection, Buyer may, <br /> within ten (10) Business Days of the inspection, prepare and provide to Seller a punch list <br /> of any observed defects or deficiencies in the construction work or discrepancies between <br /> installed equipment and workmanship and this Agreement. Seller is responsible for <br /> completion, correction, or otherwise addressing issues identified by the Buyer, and shall <br /> provide a written response to document actions taken in response to the punch list items. <br /> If requested by Buyer, Seller shall schedule and arrange a follow-up inspection for Buyer <br /> after all punch list items are resolved. All punch list items shall be resolved prior to the <br /> Actual Commercial Operation Date of the Facility except those items specifically excepted <br /> by mutual agreement between Buyer and Seller. <br /> (e) Force Majeure Event. <br /> In the event that a Force Majeure Event causes any delay in the achievement of <br /> a Milestone,such Milestone's deadline may be extended,together with any Force <br /> Majeure Event extensions for other Milestones,for a period not to exceed, in the <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 28 of 55 <br />