Common use of Established by Testing Clause in Contracts

Established by Testing. For purposes of calculating the ---------------------- Facility Electric Energy Rate, the Actual Heat Rate shall be reduced if the results of periodic tests indicate the combined Net Heat Rate of Units 7 and 8 and the Xxxxxx XX Units is greater than the Guaranteed Heat Rate under test conditions as set forth in Appendix B. The adjustment to the Actual Heat Rate shall be equal to the ratio of the Guaranteed Heat Rate divided by the Net Heat Rate, times the Actual Heat Rate. If any adjustment is necessary, the Actual Heat Rate Adjustment shall be effective retroactive to the date on which it was mutually determined that the Actual Heat Rate exceeded the Guaranteed Heat Rate and shall remain in effect until it is demonstrated by testing that the Net Heat Rate is less than the Guaranteed Heat Rate. In the event that Seller makes repairs to reduce the Net Heat Rate, the improvement shall be demonstrated by testing conducted at the expense of the Seller and the resulting adjustment to the Actual Heat Rate shall be retroactive to the date that repairs were effected.

Established by Testing. For purposes of calculating the ---------------------- Facility Electric Energy Rate, the Actual Heat Rate shall be reduced if the results of periodic tests indicate the combined Net Heat Rate of Units 7 5 and 8 6 and the Xxxxxx XX III Units is greater than the Guaranteed Heat Rate under test conditions as set forth in Appendix B. The adjustment to the Actual Heat Rate shall be equal to the ratio of the Guaranteed Heat Rate divided by the Net Heat Rate, times the Actual Heat Rate. If any adjustment is necessary, the Actual Heat Rate Adjustment shall be effective retroactive to the date on which it was mutually determined that the Actual Heat Rate exceeded the Guaranteed Heat Rate and shall remain in effect until it is demonstrated by testing that the Net Heat Rate is less than the Guaranteed Heat Rate. In the event that Seller makes repairs to reduce the Net Heat Rate, the improvement shall be demonstrated by testing conducted at the expense of the Seller and the resulting adjustment to the Actual Heat Rate shall be retroactive to the date that repairs were effected.

Established by Testing. For purposes of calculating the ---------------------- Facility Electric Energy Rate, the Actual Heat Rate shall be reduced if the results of periodic tests indicate the combined Net Heat Rate of Units 7 and 8 and the Xxxxxx XX Units is greater than the Guaranteed Heat Rate under test conditions as set forth in Appendix B. The adjustment to the Actual Heat Rate shall be equal to the ratio of the Guaranteed Heat Rate divided by the Net Heat Rate, times the Actual Heat Rate. If any adjustment is necessary, the Actual Heat Rate Adjustment shall be effective retroactive to the date on which it was mutually determined that the Actual Heat Rate exceeded the Guaranteed Heat Rate and shall remain in effect until it is demonstrated by testing that the Net Heat Rate is less than the Guaranteed Heat Rate. In the event that Seller makes repairs to reduce the Net Heat Rate, the improvement shall be demonstrated by testing conducted at the expense of the Seller and the resulting adjustment to the Actual Heat Rate shall be retroactive to the date that repairs were effected.

Established by Testing. For purposes of calculating the ---------------------- Facility Electric Energy Rate, the Actual Heat Rate shall be reduced if the results of periodic tests indicate the combined Net Heat Rate of Units 7 5 and 8 6 and the Xxxxxx XX III Units is greater than the Guaranteed Heat Rate under test conditions as set forth in Appendix B. The adjustment to the Actual Heat Rate shall be equal to the ratio of the Guaranteed Heat Rate divided by the Net Heat Rate, times the Actual Heat Rate. If any adjustment is necessary, the Actual Heat Rate Adjustment shall be effective retroactive to the date on which it was mutually determined that the Actual Heat Rate exceeded the Guaranteed Heat Rate and shall remain in effect until it is demonstrated by testing that the Net Heat Rate is less than the Guaranteed Heat Rate. In the event that Seller makes repairs to reduce the Net Heat Rate, the improvement shall be demonstrated by testing conducted at the expense of the Seller and the resulting adjustment to the Actual Heat Rate shall be retroactive to the date that repairs were effected.