Final Acceptance Rebates. Upon Final Acceptance of the Facility, if, with respect to the Completed Performance Test used pursuant to Section 6.2 hereof to determine the level of achievement of the Performance Guarantees at Final Acceptance, (i) the average net electrical output of the Facility during the Gas-based portion of such Completed Performance Test (as such average net electrical output is measured and corrected to design operating conditions, all in accordance with the procedures set forth in Appendix D hereto) is less than the Gas-based Electrical Output Guarantee (provided, however, that if Contractor is required hereunder to also have conducted a Completed PPA Output Test as a condition to achieving such Final Acceptance and the average net electrical output of the Facility demonstrated during such Completed PPA Output Test is different than the average net electrical output demonstrated during the Gas-based portion of such Completed Performance Test, then notwithstanding anything herein to the contrary the lower average output shall be utilized for purposes of determining the level of achievement of the Gas-based Electrical Output Guarantee), then Contractor shall pay to Owner, as a rebate and not a penalty and as part of the consideration for awarding the contract, an amount equal to five hundred fifty dollars ($550) for each kilowatt by which such average net electrical output of the Facility is less than the Gas-based Electrical Output Guarantee, and (ii) the average net electrical output of the Facility during the Fuel Oil-based portion of such Completed Performance Test (as such average net electrical output is measured and corrected to design operating conditions, all in accordance with the procedures set forth in Appendix D hereto) is less than the Fuel Oil-based Electrical Output Guarantee, then Contractor shall pay to Owner, as a rebate and not a penalty and as part of the consideration for awarding the contract, an amount equal to thirty dollars ($30) for each kilowatt by which such average net electrical output of the Facility is less than the Fuel Oil-based Electrical Output Guarantee.
Final Acceptance Rebates. Upon Final Acceptance of the Facility, if, with respect to the Completed Performance Test used pursuant to Section 6.2 hereof to determine the level of achievement of the Performance Guarantees at Final Acceptance, (i) the net heat rate of the Facility during the Gas-fired portion of such Completed Performance Test (as measured and corrected to design operating conditions, all in accordance with the procedures set forth in Appendix D hereto) exceeds the Gas-based Heat Rate Guarantee, then Contractor shall pay to Owner, as a rebate and not a penalty and as part of the consideration for awarding the contract, an amount equal to one hundred sixty-two thousand three hundred dollars ($162,300) for each BTU/kWh by which such measured heat rate is greater than such Gas-based Heat Rate Guarantee, and (ii) the net heat rate of the Facility during the Fuel-Oil-fired portion of such Completed Performance Test (as measured and corrected to design operating conditions, all in accordance with the procedures set forth in Appendix D hereto) exceeds the Fuel Oil-based Heat Rate Guarantee, then Contractor shall pay to Owner, as a rebate and not a penalty and as part of the consideration for awarding the contract, an amount equal to seventeen thousand dollars ($17,000) for each BTU/kWh by which such measured heat rate is greater than such Fuel Oil-based Heat Rate Guarantee.
Final Acceptance Rebates. Upon Final Acceptance of the Facility, if, with respect to the Completed Performance Test used pursuant to Section 6.2 hereof to determine the level of achievement of the Performance Guarantees at Final Acceptance, the average net electrical output of the Facility during such Completed Performance Test (as such average net electrical output is measured and corrected to design operating conditions, all in accordance with the procedures set forth in Appendix D hereto) is [*] than the Electrical Output Guarantee, then Contractor shall pay to Owner, as a rebate and not as a penalty and as part of the consideration for awarding the contract, an amount equal to the sum of (i) [*] for each kilowatt by which such average net electrical output of the Facility is [*] than the Electrical Output Guarantee minus (ii) the amount of any Interim Period Electrical Output Rebates paid or to be paid by Contractor to Owner hereunder.
Final Acceptance Rebates. Upon Final Acceptance of the Facility, if, with respect to the Completed Performance Test used pursuant to Section 6.5 hereof to determine the level of achievement of the Performance Guarantees at Final Acceptance, the net heat rate of the Facility during such Completed Performance Test (as measured and corrected to design operating conditions, all in accordance with the procedures set forth in Appendix D hereto) [*] the Heat Rate Guarantee, then Contractor shall pay to Owner, as a rebate and not as a penalty and as part of the consideration for awarding the contract, an amount equal to the sum of (i) [*] for each BTU/kWh by which such measured heat rate [*] such Heat Rate Guarantee minus (ii) the amount of any Interim Period Heat Rate Rebates paid or to be paid by Contractor to Owner hereunder.
