Common use of Deemed Commissioning Clause in Contracts

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 such deemed Commissioning. The Facility shall not be deemed Commissioned to the extent that the delay in the program or tests would have nevertheless occurred regardless of JPS’ actions or inactions.

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. (d) even though deemed commissioning costs will accrue under the circumstances mentioned, it will not become due until and unless the facility is commissioned on first attempt. Further, such payment will not occur until the first month’s xxxx after COD becomes due and payable. 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 such deemed Commissioning. The Facility shall not be deemed Commissioned to the extent that the delay in the program or tests would have nevertheless occurred regardless of JPS’ actions or inactions.

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 9.5.1 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 not be entitled to no any penalty or claim for damages as a result of such delay; and (d) even though deemed commissioning costs will accrue under the circumstances mentioned, it will not become due until and unless the Facility is commissioned on first attempt. Further, such payment will not become due until the first month’s bill after the Commercial Operations Date becomes due and payable. 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 such deemed Commissioning. The Facility shall not be deemed Commissioned to the extent that the delay in the program or tests would have nevertheless occurred regardless of JPS’ actions or inactions.

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 of (i) the Day after which the next 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 15.1.4 shall be extended by the number of Days equivalent to the Delay Period, and 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 other 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 such deemed Commissioning. The Facility shall not be deemed Commissioned to the extent that the delay in the program or tests would have nevertheless occurred regardless of JPS’ actions or inactions.