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:
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. 4 This figure should be the PPA rate (including escalator) + REC
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. Schedule #8 Form of Mechanical Completion Certificate 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:
Contingency for Equipment Failure. In the event of hardware, communication, or other failure affecting the 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, EWS will make commercially reasonable efforts to resolve the issue promptly.
Contingency for Equipment Failure. In the event of hardware, communication, or other failure affecting the SCADA, 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, CoolEarth will make commercially reasonable efforts to resolve the issue promptly.
