Contract Capacity Test. The results of each DMNC test conducted in accordance with NYISO Rules for each Summer Capability Period or Winter Capability Period, as adjusted to ISO Conditions, will be used to determine the Contract Capacity for the Month in which such test occurs and continuing until the next Contract Capacity Test under NYISO Rules; provided, however, that if the Project is re-tested and the Capacity of the Project is re-determined for NYISO purposes in accordance with the applicable NYISO Rules at any time prior to the next required NYISO Contract Capacity Test, such re-test results, as adjusted to ISO Conditions, shall be used to determine Contract Capacity for the Month in which such re-test occurs and continuing until the next succeeding Contract Capacity Test under NYISO Rules. The DMNC procedures in effect under NYISO Rules from time to time shall be the test used to establish the Contract Capacity, provided that if NYISO Rules are amended or discontinued such that no equivalent test procedures are included, the Parties will utilize the last set of procedures in such NYISO Rules prior to such amendment or discontinuance. If a material change occurs to any DMNC test procedures as established by the NYISO which makes it impossible or impracticable for the Parties to utilize such test procedures to establish Contract Capacity, or which imposes a material hardship upon or deprives a Party of a material benefit of the Agreement, then the Parties agree to use the DMNC test procedures as they existed prior to such material change or alternatively to discuss and agree in good faith upon a replacement set of test procedures that fairly represent the test procedures in effect upon the Execution Date.
Appears in 6 contracts
Samples: Build Own Operate Transfer Agreement, Build Own Operate Transfer Agreement, Build Own Operate Transfer Agreement
