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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 37 <br /> aggregate, six (6) months. The extension of the deadline for any Milestone shall <br /> extend the deadline for all subsequent Milestones, provided that in no event shall <br /> the combined extensions for Force Majeure Events for any or all of the Milestones <br /> exceed six (6) months. The extension provided for in this Section 7.4 shall be the <br /> only effect of a Force Majeure Event on Seller's obligations with respect to the <br /> Milestones. Should a Force Majeure Event beyond such six(6) month period,then <br /> either Party shall be entitled to terminate this Agreement upon prior written <br /> notice to the other Party. Upon such termination for a Force Majeure Event, <br /> neither Party shall have any liability to the other (other than any such liabilities <br /> that have accrued prior to such termination), and the Buyer shall not be required <br /> to pay the Early Termination Fee. For any termination under this section, Seller <br /> shall be required to remove any portion of the Facility then installed, and shall <br /> remediate and restore the Project Site to the condition preceding the installation <br /> of the applicable Generating Facility as set forth in Section 10.5. <br /> (f) Waiver of Right. <br /> The Buyer may, at its discretion, grant written waivers for Seller's failure to meet any of <br /> the Milestones, but in no way shall any such waiver constitute a waiver of any future <br /> failures by Seller to meet other Milestones. <br /> 7.5 Compliance: Seller shall, in its own name and at its own expense, seek, obtain, maintain, <br /> comply with and,as necessary, renew and modify from time to time,all Permits and other <br /> authorizations that are required by any Requirements of Law, the Local Electric Utility <br /> Tariffs or any Governmental Authority as are necessary for Seller to engage in the <br /> activities and obligations required by this Agreement. <br /> 7.6 Maintenance, Audit and Inspection of Records <br /> (a) Maintenance of Records. Seller shall maintain any and all documents and records <br /> which demonstrate performance under this Agreement and any lease or license <br /> relating to the Generating Facilities, and all ledgers, books of account, invoices, <br /> vouchers,cancelled checks,and other documents evidencing or relating to charges for <br /> services, or expenditures and disbursements charged to Buyer for a minimum period <br /> of five (5) years, or for any longer period required by law, from the date of final <br /> payment to Seller pursuant to this Agreement. <br /> (b) Inspection. Any documents required to be maintained pursuant to this Agreement <br /> shall be made available for inspection or audit at no cost to Buyer, at any time during <br /> regular business hours, upon written request by a designated representative of the <br /> Buyer. Seller shall provide copies of such documents to Buyer for inspection at a time <br /> and place that is convenient to Buyer. <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV.01-21-15 MLG <br /> Page 29 of 55 <br />
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