COMMISSIONING; TESTING; PERFORMANCE GUARANTEES Clause Samples

COMMISSIONING; TESTING; PERFORMANCE GUARANTEES. 1Testing Costs. Seller will, at times and for durations reasonably agreed to by Buyer, conduct necessary testing to ensure the Project is functioning properly and each Energy Storage System is on an individual basis able to respond to Buyer or CAISO dispatch instructions. Such tests shall include (i) the Commercial Operation Test pursuant to Section 7.2, (ii) the annual Contract Capacity, Efficiency Rate & Ancillary Services Tests pursuant to Section 7.3, and (iii) the operational readiness tests pursuant to Section 7.4. Such tests are required under this Agreement and shall be deemed Buyer instructed dispatches of the applicable Energy Storage System. Seller may also conduct other discretionary tests, at times and for durations reasonably agreed to by Buyer, that Seller deems necessary for purposes of reliably operating the Project or for re-performing a required test within a reasonable number of days of the initial required test (considering the circumstances that led to the need for a retest). If such discretionary testing is conducted during a day in which Buyer has dispatched the Energy Storage System being tested (“Buyer Dispatched Test”), Seller shall not be obligated to pay for the electricity required to charge the Energy Storage System relating to such Buyer Dispatched Test of such Energy Storage System, and Energy from such Energy Storage System shall be treated as dispatched by Buyer hereunder. If discretionary testing is conducted during a day in which Buyer has not dispatched the Energy Storage System being tested (“Seller Initiated Test”), Seller shall pay for all electricity required to charge the Energy Storage System relating to such Seller Initiated Test of such Energy Storage System and Buyer shall pay to Seller, in the month following Buyer’s receipt of such CAISO revenues and otherwise in accordance with Article 10, the applicable CAISO real-time hourly average energy price (or successor price) and other revenues associated with the Energy generated and delivered from such Energy Storage System during such Seller Initiated Test. Moreover, there shall be no Efficiency Rate Payment for any period during which a Seller Initiated Test takes place. To the extent a Seller Initiated Test prevents Buyer from dispatching a Energy Storage System as it would have absent such test, then, in accordance with Article 9, such Energy Storage System will be deemed unavailable; provided, however Buyer shall not dispatch or otherwise schedule such Energ...