Failure to Meet Contracted Facility Capacity. (a) In the event upon completion of the Dependable Capacity Test used to establish the Dependable Capacity of the Facility, at the Commercial Operations Date, pursuant to Section 7, Dependable Capacity is less than the Contracted Capacity, then the Company after paying one time liquidated damage in accordance with Section 8.2(b), will be deemed to have reached Commercial Operations Date for all purpose of this Agreement.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement