Common use of Buyer’s Election of Demonstration Method Clause in Contracts

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement.

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet Appendix E and setting forth the Demonstrated Contract Capacity determined in accordance with this Appendix J M as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 3.1 of the Agreement. I. Name and Address of Project Name: Street: City: State: Zip Code: ID No.:

Buyer’s Election of Demonstration Method. Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity. In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement.. APPENDIX J – PROCEDURE FOR DEMONSTRATION OF CONTRACT CAPACITY AND NAMEPLATE CAPACITY‌‌‌‌‌