Additional Project Commencement Sample Clauses
Additional Project Commencement. Ormat, in its sole discretion, may determine to proceed with an expansion of the ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Project (the "▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Expansion").
(i) If Ormat determines to proceed with the ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Expansion, Ormat shall bear the cost of and be solely responsible for the development and construction thereof (which shall be performed pursuant to the ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Expansion EPC Agreement and the related purchase orders) and, on the 12th Business Day after determination of the DAC Expansion Capital Contribution and satisfaction of the closing conditions set forth in Sections 2.4 and 2.5 of the ORNI 37 Purchase Agreement, (x) Ormat and the Company shall enter into the ORNI 37 Purchase Agreement pursuant to which Ormat will sell all of the membership interests of ORNI 37 to the Company and (y) the Members shall make a capital contribution (the "DAC Expansion Capital Contribution") in the manner described below.
(ii) The DAC Expansion Capital Contribution will be calculated on the basis of the generation capacity of the ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Project and the ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Expansion (collectively, the "▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Facility") demonstrated by the capacity tests (the "Capacity Tests"). Each Capacity Test shall be performed in accordance with the capacity test procedures set forth in Exhibit F attached hereto and mutually agreed to by the Members (the "Capacity Test Procedures"). The results of any Capacity Test conducted under this Section 4.5(a) will not be deemed final until the Independent Engineer confirms that (x) such Capacity Tests were performed in accordance with the Capacity Test Procedures and that (y) the results of such Capacity Test were correctly calculated.
(iii) The first Capacity Test will be conducted at the end of the second month following the ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ 2 COD and the second Capacity Test will be conducted at the end of the fourth month following the ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ 2 COD. If the average result of such Capacity Tests (the "First Tested Capacity") is less than or equal to 40.82 MW, but greater than or equal to 37.82 MW, then the "Final Tested Capacity" will be equal to the First Tested Capacity. If the First Tested Capacity is outside of the ranges described in the prior sentence, the Final Tested Capacity will be calculated in accordance with clauses (iv) and (v) below (as applicable).
(iv) If the First Tested Capacity is less than 37.82MW, Ormat shall be entitled, at its option (exercised in its sole discretion by providing written noti...
