Contingency for Equipment Failure. In the event of hardware, communication, or other failure affecting the DAS, Provider will make commercially-reasonable efforts to resolve the failure in a timely manner. In the event that data is lost, Actual Generation for each affected System shall be adjusted to compensate for such lost data as follows:
(i) In lieu of lost meteorological data, Provider will utilize such data obtained from a nearby meteorological station that Provider monitors and selects for such purpose.
(ii) In lieu of lost electricity data, Provider will utilize the cumulative data from System meter readings to calculate the electricity generated by each affected System during the missing interval. In the event that data from the System meter is inaccurate or missing, Provider will simulate electricity production during the missing interval utilizing measured meteorological data and PVSim. The simulated electricity production during the missing interval will be added to the Actual Generation for each affected System for the subject Guarantee Year.
Contingency for Equipment Failure. If System data is lost due to hardware, communication, or other failure with the System’s monitoring systems and/or meters, then, in order to determine lost electrical data, the Client shall read the cumulative electrical data directly from the electrical meter and calculate the electricity generated during any missing interval. In the event that it is not possible to read the electrical meter due to a meter failure or other issue, the Client will reasonably estimate the electrical production during the missing interval by using the actual meteorological data provided by the System’s monitoring system or, in the event of a failure for any period of the System’s monitoring system to collect actual meteorological data, such other meteorological data which shall reasonably approximate the actual meteorological data that would have been provided by the System’s monitoring system. At any time during the Guarantee Period, the EPC Contractor may retain an independent, qualified third party, at its own cost, to verify data collection, calibration, metering, and energy calculations. The Parties commit to work in good faith to resolve any discrepancies or disputes that may arise. 9 This figure should be the PPA rate (including escalator) + ZREC SYSTEM PERFORMANCE GUARANTEE AND PERFORMANCE TESTING [FOR SYSTEM SIZE >400 kW AC]
Contingency for Equipment Failure. If System data is lost due to hardware, communication, or other failure with the System’s monitoring systems and/or meters, then, in order to determine lost electrical data, the Client shall read the cumulative electrical data directly from the electrical meter and calculate the electricity generated during any missing interval. In the event that it is not possible to read the electrical meter due to a meter failure or other issue, the Client will reasonably estimate the electrical production during the missing interval by using the actual meteorological data provided by the System’s monitoring system or, in the event of a failure for any period of the System’s monitoring system to collect actual meteorological data, such other meteorological data which shall reasonably approximate the actual meteorological data that would have been provided by the System’s monitoring system. At any time during the Guarantee Period, the EPC Contractor may retain an independent, qualified third party, at its own cost, to verify data collection, calibration, metering, and energy calculations. The Parties commit to work in good faith to resolve any discrepancies or disputes that may arise. This Mechanical Completion Certificate (this “Certificate”) is provided in accordance with the ENGINEERING, PROCUREMENT, & CONSTRUCTION (EPC) AGREEMENT by and between [ ], a [ ] (the “Contractor”) and [ ], a [ ] (the “Client”) dated [●] (the “Agreement”). Capitalized terms used in this Certificate and not otherwise defined in this Certificate have the meanings specified in the Agreement. In accordance with the Agreement, Contractor hereby certifies that all of the conditions to Mechanical Completion have been achieved with respect to the Project, as follows:
1. All racking, modules, inverters, and Project-owned switchgear including transformers associated with the System have been installed in accordance with the technical specifications; and
2. The Project has been built in conformance with the terms and conditions of the Agreement and the Work Order. Executed this day of , 20 . [Contractor] By: Name: Title: This Substantial Completion Certificate (this “Certificate”) is provided in accordance with the ENGINEERING, PROCUREMENT, & CONSTRUCTION (EPC) AGREEMENT by and between [ ], a [ ] (the “Contractor”) and [ ], a [ ] (the “Client”) dated [●] (the “Agreement”). Capitalized terms used in this Certificate and not otherwise defined in this Certificate have the meanings specified in the Agreeme...
Contingency for Equipment Failure. If System data is lost due to hardware, communication, or other failure with the System’s monitoring systems and/or meters, then, in order to determine lost electrical data, Client shall read the cumulative electrical data directly from the electrical meter and calculate the electricity generated during any missing interval. In the event that it is not possible to read the electrical meter due to a meter failure or other issue, Client will reasonably estimate the electrical production during the missing interval by using the actual 17 This figure should be the PPA rate (including escalator) + REC, or for Roof Lease projects, buy-all NRES/RRES value meteorological data provided by the System’s monitoring system or, in the event of a failure for any period of the System’s monitoring system to collect actual meteorological data, such other meteorological data which shall reasonably approximate the actual meteorological data that would have been provided by the System’s monitoring system. At any time during the Guarantee Period, EPC Contractor may retain an independent, qualified third party, at its own cost, to verify data collection, calibration, metering, and energy calculations. The Parties commit to work in good faith to resolve any discrepancies or disputes that may arise.
Contingency for Equipment Failure. If System data is lost due to hardware, communication, or other failure with the System’s monitoring systems and/or meters, then, in order to determine lost electrical data, Client shall read the cumulative electrical data directly from the electrical meter and calculate the electricity generated during any missing interval. In the event that it is not possible to read the electrical meter due to a meter failure or other issue, Client will reasonably estimate the electrical production during the missing interval by using the actual meteorological data provided by the System’s monitoring system or, in the event of a failure for any period of the System’s monitoring system to collect actual meteorological data, such other meteorological data which shall reasonably approximate the actual meteorological data that would have been provided by the System’s monitoring system. At any time during the Guarantee Period, EPC Contractor may retain an independent, qualified third-party, at its own cost, to verify data collection, calibration, metering, and energy calculations. The Parties commit to work in good faith to resolve any discrepancies or disputes that may arise. 19 This figure should be the PPA rate (including escalator) + REC, or for a Roof Lease, buy-all NRES/RRES value per kWh [SCHEDULE #21]20 20 Use for projects where EPC is requiring O&M to provide performance guaranty. EPC Contractor acknowledges that by entering into this Agreement with Client, EPC Contractor agrees to comply with the following requirements, which must be met to comply with the Terms & Conditions of the National Clean Energy Investment Fund or Solar for All award (as may be applicable, the “Terms & Conditions”) and Client’s Subaward Agreements under the federal award (as applicable and as may be amended from time to time) and federal law.
I. BUILD AMERICA, BUY AMERICA 21
Contingency for Equipment Failure. If System data is lost due to hardware, communication, or other failure with the System’s monitoring systems and/or meters, then, in order to determine lost electrical data, the Client shall read the cumulative electrical data directly from the electrical meter and calculate the electricity generated during any missing interval. In the event that it is not possible to read the electrical meter due to a meter failure or other issue, the Client will reasonably estimate the electrical production during the missing interval by using the actual meteorological data provided by the System’s monitoring system or, in the event of a failure for any period of the System’s monitoring system to collect actual meteorological data, such other meteorological data which shall reasonably approximate the actual meteorological data that would have been provided by the System’s monitoring system. At any time during the Guarantee Period, the EPC Contractor may retain an independent, qualified third party, at its own cost, to verify data collection, calibration, metering, and energy calculations. The Parties commit to work in good faith to resolve any discrepancies or disputes that may arise.
Contingency for Equipment Failure. In the event System data is lost due to hardware, communication, or other failure affecting DAS, SunPower will make commercially reasonable efforts to resolve the failure in a timely manner. In the event that data is lost, Actual Generation shall be adjusted to compensate for such lost data:
Contingency for Equipment Failure. In the event of hardware, communication, or other failure affecting the DAS, Design-Builder will make commercially reasonable efforts to resolve the failure in a timely manner. In the event that data is lost, Actual Generation shall be adjusted to compensate for such lost data:
Contingency for Equipment Failure. In the event of hardware, communication, or other failure affecting the DAS, Provider will make commercially reasonable efforts to resolve the failure in a timely manner. In the event that data is lost, Actual Generation shall be adjusted to compensate for such lost data, which shall be Provider’s sole liability, and Customer’s exclusive remedy, for any Guaranteed Output arising from any equipment failure or lost data relating to the DAS:
4.3.1. In lieu of lost meteorological data, Provider will utilize such data obtained from a nearby meteorological station that Provider monitors and selects for such purpose.
4.3.2. In lieu of lost electricity data, Provider will utilize the cumulative data from System meter readings to calculate the electricity generated during the missing interval. In the event that data from the System meter is inaccurate or missing, Provider will simulate electricity production during the missing interval utilizing measured meteorological data and PVsyst. The simulated electricity production during the missing interval will be added to the Actual Generation for the subject Guarantee Year.
Contingency for Equipment Failure. In the event of hardware, communication, or other failure affecting the DAS, Provider will make commercially-reasonable efforts to resolve the failure in a timely manner. In the event that data is lost, Actual Generation for each affected System shall be adjusted to compensate for such lost data as follows:
