Common use of Final Capacity Check Test Clause in Contracts

Final Capacity Check Test. ‌ If Section 15.6(f) is applicable, then the Supplier shall perform a further Capacity Check Test (the “Final Capacity Check Test”) at the Supplier’s cost and expense within ten (10) Business Days after written notice has been delivered by the Supplier to the Buyer, no earlier than one month and no later than six (6) months after the date of the Capacity Confirmation with respect to the Further Capacity Check Test, failing which this shall be considered to be a Supplier Event of Default. The Final Capacity Check Test shall take place on the same terms and conditions as the Capacity Check Test described in Section 15.6(a) and including the delivery of the Capacity Confirmation in relation to the Final Capacity Check Test. For clarity, any Final Capacity Check Test shall not count towards the Buyer’s option to require one (1) Capacity Check Test per Season per Contract Year. If the total Electricity output of the Facility for the CCT Duration of the Final Capacity Check Test, as stated in the Capacity Confirmation with respect to the Final Capacity Check Test, divided by the number of hours in the CCT Duration (which result shall also be an “Average Test Capacity” as calculated pursuant to sub-section (e)):

Final Capacity Check Test. ‌ If Section 15.6(f) is applicable, then the Supplier shall perform a further Capacity Check Test (the “Final Capacity Check Test”) at the Supplier’s cost and expense within ten (10) Business Days after written notice has been delivered by the Supplier to the Buyer, no earlier than one month and no later than six (6) months after the date of the Capacity Confirmation with respect to the Further Capacity Check Test, failing which this shall be considered to be a Supplier Event of Default. The Final Capacity Check Test shall take place on the same terms and conditions as the Capacity Check Test described in Section 15.6(a) and including the delivery of the Capacity Confirmation in relation to the Final Capacity Check Test. For clarity, any Final Capacity Check Test shall not count towards the Buyer’s option to require one (1) Capacity Check Test per Season per Contract Year. If the total Electricity output of the Facility for the CCT four (4) continuous hoursCCT Duration of the Final Capacity Check Test, as stated in the Capacity Confirmation with respect to the Final Capacity Check Test, divided by the number four (4)number of hours in the such check testthe CCT Duration (which result shall also be an “Average Test Capacity” as calculated pursuant to sub-section (e)):e)):‌‌‌‌‌‌ Draft

Final Capacity Check Test. ‌ If Section 15.6(f) is applicable, then the Supplier shall perform a further Capacity Check Test (the “Final Capacity Check Test”) at the Supplier’s cost and expense within ten (10) Business Days after written notice has been delivered by the Supplier to the Buyer, no earlier than one month and no later than six (6) months after the date of the Capacity Confirmation with respect to the Further Capacity Check Test, failing which this shall be considered to be a Supplier Event of Default. The Final Capacity Check Test shall take place on the same terms and conditions as the Capacity Check Test described in Section 15.6(a) and including the delivery of the Capacity Confirmation in relation to the Final Capacity Check Test. For clarity, any Final Capacity Check Test shall not count towards the Buyer’s option to require one (1) Capacity Check Test per Season per Contract Year. If the total Electricity output of the Facility for the CCT Duration four (4) continuous hours of the Final Capacity Check Test, as stated in the Capacity Confirmation with respect to the Final Capacity Check Test, divided by the number of four (4) hours in the CCT Duration such check test (which result shall also be an “Average Test Capacity” as calculated pursuant to sub-sub- section (e)):): Draft

Final Capacity Check Test. ‌ If Section 15.6(f14.6(f) is applicable, then the Supplier shall perform a further Capacity Check Test (the “Final Capacity Check Test”) at the Supplier’s cost and expense within ten (10) Business Days after written notice has been delivered by the Supplier to the Buyer, no earlier than one month and no later than six (6) months after the date of the Capacity Confirmation with respect to the Further Capacity Check Test, failing which this shall be considered to be a Supplier Event of Default. The Final Capacity Check Test shall take place on the same terms and conditions as the Capacity Check Test described in Section 15.6(a14.6(a) and including the delivery of the Capacity Confirmation in relation to the Final Capacity Check Test. For clarity, any Final Capacity Check Test shall not count towards the Buyer’s option to require one (1) Capacity Check Test per Season per Contract Year. If the total Electricity output of the Facility for the CCT Duration one (1) continuous hour or four (4) continuous hours, as applicable, of the Final Capacity Check Test, as stated in the Capacity Confirmation with respect to the Final Capacity Check Test, divided by the number of hours one (1) hour or four (4) hours, as applicable,‌ in the CCT Duration such check test (which result shall also be an “Average Test Capacity” as calculated pursuant to sub-section (e)):