Common use of Failure to Meet Contracted Facility Capacity Clause in Contracts

Failure to Meet Contracted Facility Capacity. (a) In the event that upon completion of the Dependable Capacity Tests used to establish the Initial Dependable Capacity of the Facility, the Initial Dependable Capacity is less than the Contracted Facility Capacity but is greater then the Threshold Capacity, provided that the Company pays the liquidated damages provided in Section 8.2(b) on or before the Commercial Operations Date, the Company shall, pursuant to Section 7.1.2, have the option for a period of up to three (3) Months to undertake any necessary actions to increase the Initial Dependable Capacity up to the Contracted Facility Capacity at its own cost and any increase in the Initial Dependable Capacity shall be demonstrated through testing carried in accordance with Section 7.1.2, including the obligation to give BPDB not less than twenty-four (24) hours advance notice of any such test to be carried out and to give BPDB the opportunity to be present and to observe any such test being carried out. Capacity Payments shall be made on the basis of the Initial Dependable Capacity then in effect, and if any increase in the Initial Dependable Capacity is demonstrated, Capacity Payments will be adjusted from and after the Day following such demonstration. (b) On or before the occurrence of the Commercial Operations Date, If the Initial Dependable Capacity is set at a level that is below the Contracted Facility Capacity, the Company shall pay to BPDB as liquidated damages an amount equal to one thousand Dollars (US$ 1,000) per kW times the difference between the Contracted Facility Capacity and Initial Dependable Capacity; provided, that such a difference does not exceed an amount equal to ten per cent (10%) of the Contracted Facility Capacity.

Failure to Meet Contracted Facility Capacity. (a) In the event that upon completion of the Dependable Capacity Tests used to establish the Initial Dependable Capacity of the Facility, the Initial Dependable Capacity is less than the Contracted Facility Capacity but is greater then than the Threshold Capacity, provided that the Company pays the liquidated damages provided in Section 8.2(b) on or before the Commercial Operations Date, the Company shall, pursuant to Section 7.1.2, have the option for a period of up to three (3) Months to undertake any necessary actions to increase the Initial Dependable Capacity up to the Contracted Facility Capacity at its own cost and any increase in the Initial Dependable Capacity shall be demonstrated through testing carried in accordance with Section 7.1.2, including the obligation to give BPDB not less than twenty-four (24) hours advance notice of any such test to be carried out and to give BPDB the opportunity to be present and to observe any such test being carried out. Capacity Payments shall be made on the basis of the Initial Dependable Capacity then in effect, and if any increase in the Initial Dependable Capacity is demonstrated, Capacity Payments will be adjusted from and after the Day following such demonstration. (b) On or before the occurrence of the Commercial Operations Date, If the Initial Dependable Capacity is set at a level that is below the Contracted Facility Capacity, the Company shall pay to BPDB as liquidated damages an amount equal to one thousand Dollars (US$ 1,000) per kW times the difference between the Contracted Facility Capacity and Initial l Dependable Capacity; provided, that such a difference does not exceed an amount equal to ten per cent (10%) of the Contracted Facility Capacity.

Failure to Meet Contracted Facility Capacity. (a) In the event that upon completion of the Dependable Capacity Tests used to establish the Initial Dependable Capacity of the Facility, the Initial Dependable Capacity is less than the Contracted Facility Capacity but is greater then the Threshold Capacity, provided that the Company pays the liquidated damages provided in Section 8.2(b) on or before the Commercial Operations Date, the Company shall, pursuant to Section 7.1.2, have the option for a period of up to three (3) Months to undertake any necessary actions to increase the Initial Dependable Capacity up to the Contracted Facility Capacity at its own cost and any increase in the Initial Dependable Capacity shall be demonstrated through testing carried in accordance with Section 7.1.2, including the obligation to give BPDB not less than twenty-four (24) hours advance notice of any such test to be carried out and to give BPDB the opportunity to be present and to observe any such test being carried out. Capacity Payments shall be made on the basis of the Initial Dependable Capacity then in effect, and if any increase in the Initial Dependable Capacity is demonstrated, Capacity Payments will be adjusted from and after the Day following such demonstration. (bi) On or before the occurrence of the Simple Cycle Commercial Operations Date, If the Initial Dependable Capacity is set at a level that is below the Contracted Simple Cycle Capacity, the Company shall pay to BPDB as liquidated damages an amount equal to one thousand Dollars (US$ 1,000) per kW times the difference between the Contracted Simple Cycle Capacity and Initial Dependable Capacity; provided, that such a difference does not exceed an amount equal to ten per cent (10%) of the Contracted Simple Cycle Capacity. (ii) On or before the occurrence of the Commercial Operations Date, If the Initial Dependable Capacity is set at a level that is below the Contracted Facility Capacity, the Company shall pay to BPDB as liquidated damages an amount equal to one thousand Dollars (US$ 1,000) per kW times the difference between the Contracted Facility Capacity and Initial Dependable Capacity; provided, that such a difference does not exceed an amount equal to ten per cent (10%) of the Contracted Facility Capacity.