Common use of Facility Performance Clause in Contracts

Facility Performance. As of the Effective Date and the Closing Date, to Seller’s Knowledge: (a) the Facility is capable of producing 305 megawatts of net electrical output at full load, and at full load, the Facility’s heat rate is 11,300 Btu/kWh. Seller has provided documentation satisfactory to Purchaser which evidences such net electrical output capacity and heat rate.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Public Service Co of New Mexico), Purchase and Sale Agreement (Public Service Co of New Mexico), Purchase and Sale Agreement (Public Service Co of New Mexico)

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Facility Performance. As of the Effective Date and the Closing Date, to Seller’s Knowledgeas tested in accordance with ASTM PTC-46 test methods: (a) the Facility is capable of producing 305 megawatts of net electrical output at full load, and (b) at full load, the Facility’s 's heat rate is 11,300 11,200 Btu/kWh. Seller has and TNMP have provided documentation satisfactory to Purchaser which evidences such net electrical output capacity and heat rate.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Texas New Mexico Power Co)

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