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,
Deemed Commissioning. In the event that for any reason (other than a breach by Project Company of its obligations under this Agreement or any other Project Agreement): Due to (A) any action or inaction by GPA which is inconsistent with the terms of this Agreement (including any default or breach), [(B) the discovery of a Pre-Existing Site Condition, (C) any failure by GPA or any third party appointed by GPA to carry out remediation work in accordance with Article 6.6.1(c)] or (D) unavailability of Fuel, a Commercial Operation Test is delayed beyond the date falling fourteen (14) Days before the Required Phase 1 Commercial Operation Date or Required Phase 2 Commercial Operation date (whichever is applicable), then upon receipt of a certificate from an Independent Engineer to the effect that the Facility is, or would have been, ready for testing by the relevant Required Commercial Operation Date, the Facility shall be deemed Commissioned for the respective Phase fifteen (15) Days after the relevant Required Commercial Operation Date (provided that for the avoidance of doubt the Project Company shall in no event be required to pay delay liquidated damages under Article 9.1 for such fifteen (15) Day period) and the Facility shall be deemed to be providing Initial Dependable Capacity equal to the applicable Contracted Facility Capacity for the purposes of payments of Capacity Charges to be made by GPA to Project Company. If the Facility has been deemed Commissioned for a Phase, the Commercial Operation Tests for such phase shall be conducted at the first available opportunity after such deemed Commissioning, and the Initial Dependable Capacity adjusted as a result of such test in accordance with subsection (b) below. Project Company shall use reasonable efforts to mitigate the delay caused by any of the events mentioned in this Article 8.5.1(a). In the event that the Initial Dependable Capacity of the Facility at the Commercial Operation Tests after the Phase has been deemed Commissioned, is less than the applicable Contracted Facility Capacity, Project Company shall refund to GPA an amount equal to: the difference, if any, between the applicable Contracted Facility Capacity and the Initial Dependable Capacity divided by the applicable Contracted Facility Capacity; times the total Capacity Charges paid between the date of deemed Commissioning and the date upon which the Initial Dependable Capacity Tests take place; provided, however, that in the event that the Initial Dependable Cap...
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.
Deemed Commissioning. (a) In the event that for any reason (other than a breach by Project Company of its obligations under this Agreement or any other Project Agreement):
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:
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. 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
Deemed Commissioning. (a) If the BOT Company is unable to conduct or complete testing of the First Unit or the Facility in order to Commission the First Unit or the Facility in accordance with the schedule of tests provided by the BOT Company pursuant to Article 7.1 due to:
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:
