Common use of Commercial Operations Test Clause in Contracts

Commercial Operations Test. (a) The Company shall be entitled to attempt as many Commercial Operations Tests as are necessary to satisfy the minimum criteria (as set out in Schedule 3) for achieving the Commercial Operations Date. The Company shall give BPDB not less than forty-eight (b) If the results of a Commercial Operations Test satisfy the minimum performance criteria (as set out in Schedule 3) to achieve the Commercial Operations Date then: (i) Provided that the Facility has demonstrated a Dependable Capacity greater than the Threshold Capacity, if the Company is satisfied with the Dependable Capacity achieved in such Commercial Operations Test, subject to the payment of any liquidated damages due under Section 8.2, the Company shall notify BPDB that the Company has designated such test as the Commercial Operations Test for the purposes of establishing the Commercial Operations Date; or (ii) if the Company is not satisfied with the Dependable Capacity achieved in such Commercial Operations Test, the Company may, without prejudicing the achievement of the Commercial Operations Date, conduct up to three (3) Dependable Capacity Tests to establish the Dependable Capacity, provided, that BPDB is given at least forty eight (48) hours notice prior to the commencement of each such test, and provided, further, that the Commercial Operations Date shall not occur and BPDB shall have no obligation to commence the payment to the Company of any Capacity Payments until the date on which the Company has notified BPDB in writing that the most-recently performed Dependable Capacity Test (carried out pursuant to this Section 7.1.2(b)) has demonstrated a Dependable Capacity not less than the Threshold Capacity, the Company has designated the then-most recently performed Dependable Capacity Test (carried out pursuant to this Section 7.1.2(b)) as being a part of the Commercial Operations Test for the purpose of establishing the Commercial Operations Date and paid the required liquidated damages, if any, pursuant to Section 8.2. The Commercial Operations Test shall be completed for the purpose of establishing the Commercial Operations Date when the Company notifies BPDB of its designation of the Commercial Operations Test in Section 7.1.2(b)(i) or its designation of the Dependable Capacity Test in Section 7.1.2(b)(ii), as the case may be (such Dependable Capacity Test which is part of the Designated Commercial Operations Test pursuant to Section 7.1.2(b)(i) or designated pursuant to Section 7.1.2(b)(ii) shall hereinafter be referred to as the “Initial Dependable Capacity”). (c) The Initial Dependable Capacity shall not exceed, and, if greater, shall be deemed to be equal to the Contracted Facility Capacity.

Commercial Operations Test. (a) The Company shall be entitled to attempt as many Commercial Operations Tests as are necessary to satisfy the minimum criteria (as set out in Schedule 3) for achieving the Commercial Operations Date. The Company shall give BPDB not less than forty-eight (b) If the results of a Commercial Operations Test satisfy the minimum performance criteria (as set out in Schedule 3) to achieve the Commercial Operations Date then: (i) Provided that the Facility has demonstrated a Dependable Capacity greater than the Threshold Capacity, if the Company is satisfied with the Dependable Capacity achieved in such Commercial Operations Test, subject to the payment of any liquidated damages due under Section 8.2, the Company shall notify BPDB that the Company has designated such test as the Commercial Operations Test for the purposes of establishing the Commercial Operations Date; or (ii) if the Company is not satisfied with the Dependable Capacity achieved in such Commercial Operations Test, the Company may, without prejudicing the achievement of the Commercial Operations Date, conduct up to three (3) Dependable Capacity Tests to establish the Dependable Capacity, provided, that BPDB is given at least forty eight (48) hours notice prior to the commencement of each such test, and provided, further, that the Commercial Operations Date shall not occur and BPDB shall have no obligation to commence the payment to the Company of any Capacity Payments until the date on which the Company has notified BPDB in writing that the most-recently performed Dependable Capacity Test (carried out pursuant to this Section 7.1.2(b)) has demonstrated a Dependable Capacity not less than the Threshold Capacity, the Company has designated the then-most recently performed Dependable Capacity Test (carried out pursuant to this Section 7.1.2(b)) as being a part of the Commercial Operations Test for the purpose of establishing the Commercial Operations Date and paid the required liquidated damages, if any, pursuant to Section 8.2. The Commercial Operations Test shall be completed for the purpose of establishing the Commercial Operations Date when the Company notifies BPDB of its designation of the Commercial Operations Test in Section 7.1.2(b)(i) or its designation of the Dependable Capacity Test in Section 7.1.2(b)(ii), as the case may be (such Dependable Capacity Test which is part of the Designated Commercial Operations Test pursuant to Section 7.1.2(b)(i) or designated pursuant to Section 7.1.2(b)(ii) shall hereinafter be referred to as the “Initial Dependable Capacity”). (c) The Initial Dependable Capacity shall not exceed, and, if greater, shall be deemed to be equal to the Contracted Facility Capacity. (d) BPDB may at its option terminate the Project if the Initial Dependable Capacity is less than the Threshold Capacity.

Commercial Operations Test. (a) The Company shall be entitled to attempt as many Commercial Operations Tests as are necessary to satisfy the minimum criteria (as set out in Schedule 3) for achieving the Commercial Operations Date. The Company shall give BPDB not less than forty-eight (b) If the results of a Commercial Operations Test satisfy the minimum performance criteria (as set out in Schedule 3) to achieve the Commercial Operations Date then: (i) Provided that the Facility has demonstrated a Dependable Capacity greater than the Threshold Capacity, if the Company is satisfied with the Dependable Capacity achieved in such Commercial Operations Test, subject to the payment of any liquidated damages due under Section 8.2, the Company shall notify BPDB that the Company has designated such test as the Commercial Operations Test for the purposes of establishing the Commercial Operations Date; or (ii) if the Company is not satisfied with the Dependable Capacity achieved in such Commercial Operations Test, the Company may, without prejudicing the achievement of the Commercial Operations Date, conduct up to three (3) Dependable Capacity Tests to establish the Dependable Capacity, provided, that BPDB is given at least forty eight (48) hours notice prior to the commencement of each such test, and provided, further, that the Commercial Operations Date shall not occur and BPDB shall have no obligation to commence the payment to the Company of any Capacity Payments until the date on which the Company has notified BPDB in writing that the most-recently performed Dependable Capacity Test (carried out pursuant to this Section 7.1.2(b)) has demonstrated a Dependable Capacity not less than the Threshold Capacity, the Company has designated the then-most recently performed Dependable Capacity Test (carried out pursuant to this Section 7.1.2(b)) as being a part of the Commercial Operations Test for the purpose of establishing the Commercial Operations Date and paid the required liquidated damages, if any, pursuant to Section 8.2. The Commercial Operations Test shall be completed for the purpose of establishing the Commercial Operations Date when the Company notifies BPDB of its designation of the Commercial Operations Test in Section 7.1.2(b)(i) or its designation of the Dependable Capacity Test in Section 7.1.2(b)(ii), as the case may be (such Dependable Capacity Test which is part of the Designated Commercial Operations Test pursuant to Section 7.1.2(b)(i) or designated pursuant to Section 7.1.2(b)(ii) shall hereinafter be referred to as the “Initial Dependable Capacity”). (c) The Initial Dependable Capacity shall not exceed, and, if greater, shall be deemed to be equal to the Contracted Facility Capacity.