Deemed Commissioning Clause Samples
The Deemed Commissioning clause establishes the conditions under which a project, system, or equipment is considered to be commissioned, even if actual physical commissioning has not occurred. Typically, this clause applies when delays or obstacles prevent formal commissioning, such as when the client fails to provide access or necessary approvals. In such cases, the system may be treated as operational for contractual purposes, triggering obligations like payment or warranty periods. The core function of this clause is to prevent unnecessary delays and disputes by ensuring that contractual timelines and responsibilities proceed even if formal commissioning is delayed for reasons beyond the contractor's control.
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Deemed Commissioning. 6.3.1 If any Unit has been synchronised (or the Engineer has certified that any Unit is ready to be synchronised) and in either case the Commissioning Test thereof is delayed because of:
(a) UETCL’s failure to complete, operate, maintain or upgrade the UETCL System in accordance with Prudent Utility Practices;
(b) GOU’s failure to comply with its obligation under Clause 4.6.3 of the Implementation Agreement prior to the latter of (i) 180 days prior to the Scheduled Commercial Operation Date, and (ii) the date on which the Engineer has certified that any Unit is ready to be synchronised;
(c) UETCL’s failure to accept energy produced as a result of the Commissioning Test; or
(d) a requirement by UETCL that any part of the Commissioning Test be postponed by more than 10 days from the scheduled commencement date; except to the extent that the failure is caused or the postponement is required by (A) an Other Force Majeure Event, (B) Emergency Conditions whose aggregate duration does not exceed seven days or (C) any failure of GENCO to perform any duty under this Agreement, and such deferral causes the then- anticipated Scheduled Commercial Operations Date to be delayed or deferred (as certified by the Engineer), the Commercial Operations Date shall be deemed to occur on the first day of the Month following the Month in which the Engineer has certified that all Units have been or are ready to be synchronised with the consequence that such date shall be the Commercial Operations Date for all purposes of this Agreement.
6.3.2 During the period commencing on and from a deemed Commercial Operations Date (if any) until the actual (i.e. non-deemed) Commercial Operations Date (the "Deemed Operation Period"), Deemed Energy shall be calculated on the basis of the Contracted Capacity.
6.3.3 Subject to the provisions of Clauses 6.3.4 and 6.3.5, UETCL shall pay for Deemed Energy arising during any Deemed Operation Period on the basis set out in Clause 6.3.2 and otherwise in accordance with the provisions of this Agreement.
6.3.4 If, upon achievement of the actual (i.e. non-deemed) Commercial Operation Date the Generating Facility has been Commissioned at less than 100% of Contracted Capacity, then the amount payable by UETCL in respect of Deemed Energy arising during the Deemed Operation Period shall be adjusted to the amount it would have had to pay if the Generation Facility had been deemed Commissioned at the actual Capacity so Commissioned.
6.3.5 The excess (if any) bet...
Deemed Commissioning. In the event that JPS does not accept energy produced by the Facility during the scheduled Commissioning of the Facility in breach of this Agreement (and, for avoidance of doubt, expressly excluding JPS’ inability or refusal to accept such energy due to the occurrence of an event of Force Majeure, an Emergency or a Company Event of Default), and as a result the Commissioning of the Facility is delayed for more than fourteen (14) Days from the scheduled date, then, pending actual testing and upon receipt of a certificate from the Independent Engineer to the effect that the Facility is ready for testing and Commissioning, the Facility shall be deemed to be providing Dependable Capacity equivalent to [input MEGAWATTS] MW for the purposes of Fixed Payments to be made by JPS pursuant to Clause 9.1 hereof provided that,
(a) the Company shall not be liable for the payment of liquidated damages in accordance with Clause 9.4.1 for the number of days equivalent to the period commencing on the Day the Facility was deemed Commissioned in accordance with this Clause 4.5 and ending on the earlier of (i) the Day after which the Commissioning Tests are carried out, or (ii) fourteen (14) Days after the Day on which JPS notifies the Company that it is ready and able to accept the energy produced by the Facility during Commissioning (“Delay Period”),
(b) the period of one (1) year stated in Clause 14.1.4 shall be extended by the number of Days equivalent to the Delay Period, and
(c) the period specified in Schedule 4 for the additional Commissioning tests shall be extended by the number of Days equivalent to the Delay Period. The Company shall be entitled to no penalty or claim for damages as a result of such delay. If the Facility shall have been deemed Commissioned as provided in this Clause 4.5 and thereafter when tested shall have failed to satisfy the requirements of Schedule 4, then the Facility shall cease to be deemed Commissioned until such time as the Facility shall have successfully completed the tests referred to in Schedule 4, and no Fixed Payments shall be due to the Company in respect thereof for the period from the date on which the Facility shall have been tested and failed to satisfy the requirements of Schedule 4 until the date on which the Facility shall have been tested and satisfied the requirements of Schedule 4; provided that, if the Facility shall have been deemed Commissioned, the Facility shall be tested at the first available opportunity after suc...
Deemed Commissioning. In the event that GPL does not accept energy produced by the Facility during the scheduled Commissioning of the Facility in breach of this Agreement (and, for avoidance of doubt, expressly excluding GPL’s inability or refusal to accept such energy due to the occurrence of an event of Force Majeure, an Emergency or a Company Event of Default), and as a result the Commissioning of the Facility is delayed for more than fourteen (14) Days from the scheduled date, then, pending actual testing and upon receipt of a certificate from the Independent Engineer to the effect that the Facility is ready for testing and Commissioning, the Facility shall be deemed to be providing Dependable Capacity equivalent to [input MEGAWATTS] MW for the purposes of Fixed Payments to be made by GPL pursuant to Clause 9.1.
(a) the Company shall not be liable for the payment of liquidated damages in accordance with Clause 9.4.1 for the number of days equivalent to the period commencing on the Day the Facility was deemed Commissioned in accordance with this Clause 4.5 and ending on the earlier of (i) the Day after which the Commissioning Tests are carried out, or (ii) fourteen
Deemed Commissioning. If the Commercial Operation Date is delayed or prevented beyond the Commercial Operation Longstop Date by any of the following events: Governmental Force Majeure; failure by the Buyer to perform any of its obligations under this Agreement; or failure by Network Operator to make the Grid available and/or to evacuate Energy generated (or to be generated) during Initial Tests carried out (or to be carried out) in accordance with this Agreement, the Project Company shall be entitled to apply in writing to the Engineer (with a copy provided to the Buyer) for a certification of the date on which, in the Engineer's professional opinion, the Commercial Operation Date would have occurred but for the occurrence of the event(s) listed above (such date the "Deemed Commercial Operation Date").
Deemed Commissioning a) If the Seller would have been able to achieve the Commissioning Date but for reasons of Force Majeure, failure of the Buyer or any Governmental Authority to:
i. complete and commission the Interconnection Facilities as required under Clause 4.2; or
ii. cooperate in the conduct of the Commissioning Tests as required under Clause 4.3(c), the Facility will be deemed to have: i. been Commissioned on the date it would have been but for such circumstances; and ii. generated from that date until the date it is actually Commissioned.