Capacity Demonstration Test Clause Samples
A Capacity Demonstration Test clause sets out the requirements and procedures for verifying that a system, equipment, or facility can operate at its specified capacity. Typically, this involves conducting formal tests under defined conditions to confirm that performance standards are met, such as running machinery at full load or processing a certain volume within a set timeframe. The core function of this clause is to ensure that the delivered product or service meets contractual performance obligations before final acceptance, thereby protecting the buyer from underperforming assets.
Capacity Demonstration Test. (a) Seller shall, at Seller’s expense, cause a Capacity Demonstration Test of the Facility to be conducted at a mutually agreeable date and time, which shall be subject to the last sentence of Section 3.12(b) and no earlier than thirty (30) Days prior to the Commercial Operation Date and no later than the Commercial Operation Date, and, if not otherwise mutually agreed by the Parties prior to fifteen (15) Business Days before the anticipated Commercial Operation Date in the then-current Project Schedule, shall be (subject to the last sentence of Section 3.12(b)) ten
Capacity Demonstration Test. During the period of the Capacity Demonstration Test, the capacity of the Unit will be demonstrated in the Demonstration Test, the capacity of the Unit will be demonstrated in the following manner: o the Unit shall be in operation at Rated Capacity with normal auxiliaries and Geothermal Reservoir load; o the Seller will declare to KPLC the commencement of the test and will record the reading of the Metering System; o the test duration will be six (6) hours and at the end of this period the Seller will record the new reading of the Metering System. The Capacity as determined by such test shall be the difference between the reading taken at the end of the sic (6) hour period and the reading taken at the beginning of such period, divided by six (6); provided, that the Capacity shall not be considered to have been established unless the result of such determination is equal to or greater than the minimum criteria for such test set forth below. During Commissioning and the Operating Period the Capacity will be determined by measuring the output at the outgoing busbars of the Unit through the Metering System. Tests will be based on relevant American Society of Mechanical Engineers standard ASME power test codes and IEC standards using plant instrumentation and the Metering System. Test results shall be corrected to the "Reference Conditions", specified in Schedule 2, Part A using the correction curves from Figure 5 attached to this Schedule. The Unit will have satisfied this test if it is demonstrated that the Capacity of the Unit is greater than 70% of the Rated Capacity of each Unit at the date of this Agreement provided that if at least 90% of Rated Capacity has not been achieved within three (3) months of the date of the test, the Unit shall be deemed to have failed the Capacity Demonstration Test and the Seller shall not be entitled to receive any further Capacity Payments until the Unit achieves at least 90% of the Rated Capacity at the date of this Agreement.
Capacity Demonstration Test automatic voltage regulator drop;
Capacity Demonstration Test. (a) Seller shall, at Seller’s expense, cause a Capacity Demonstration Test of the Facility to be conducted at a mutually agreeable date and time, which shall be subject to the last sentence of Section 3.12(b) and no earlier than thirty (30) Days prior to the Commercial Operation Date and no later than the Commercial Operation Date, and, if not otherwise mutually agreed by the Parties prior to fifteen (15) Business Days before the anticipated Commercial Operation Date in the then-current Project Schedule, shall be (subject to the last sentence of Section 3.12(b)) ten (10) Business Days prior to such anticipated Commercial Operation Date. If Seller causes a Capacity Demonstration Test to be conducted according to this Section 3.12 and thereafter the Commercial Operation Date occurs more than thirty (30) Days after the Capacity Demonstration Test, Seller shall cause a new Capacity Demonstration Test to be conducted in accordance with this Section 3.12. The final results of the then most recent Capacity Demonstration Test that was performed in circumstances required by this Section 3.12 shall be used for purposes of determining satisfaction of the conditions to Commercial Operation.
(b) Each Capacity Demonstration Test shall be conducted by [ ]9, unless the Parties agree upon another third-party capacity testing contractor in a writing signed by both Parties. Seller shall require that the Person conducting each Capacity Demonstration Test perform such test in accordance with Accepted Industry Practices, the protocols and the procedures set forth on Schedule 3.12 and any other applicable requirements of this Agreement. Without limiting the generality of the foregoing, each Capacity Demonstration Test shall account for energy losses to the Electric Interconnection Point in accordance with Accepted Industry Practices. Notwithstanding anything to the contrary, no Capacity Demonstration Test shall be scheduled to occur during an Outage or any other Unit Contingency.
(c) Buyer shall have the right to witness each Capacity Demonstration Test. In addition, during each Capacity Demonstration Test, Seller shall provide Buyer with all raw data collected from such Capacity Demonstration Test upon Buyer’s request.
(d) Seller shall be responsible for providing all test instrumentation, equipment, systems, tools, material, labor (including testing specialists), utilities and services necessary to conduct each Capacity Demonstration Test hereunder and, without limiting Sectio...