COD Contract Capacity Test. [If Applicable] Prior to achieving Commercial Operation, Seller shall conduct or cause to be conducted a Contract Capacity Test in accordance with NYISO Rules and Appendix 3 to establish the Contract Capacity commencing on the COD, even if the date of such test does not fall within a NYISO Capability Period Test Window. In such event, the Contract Capacity shall be revised based on the results of any in-period test conducted by Seller as required by NYISO Rules and any deficiency charges shall be Seller’s sole responsibility. Buyer shall reserve the right to review the test results to ensure that such results are in accordance with the NYISO Rules and Appendix 3.
