Further Capacity Check Test.
(i) If the Supplier has not passed the Capacity Check Test, then the Supplier shall, at the Supplier’s cost and expense, perform a further Capacity Check Test (the “Further Capacity Check Test”) within ten (10) Business Days after the receipt by the Supplier of the Capacity Confirmation from the Buyer, on the same terms and conditions as the Capacity Check Test described in Section 15.6(a).
(ii) For clarity, any Further Capacity Check Test shall not count towards the Buyer’s option to require one (1) Capacity Check Test per Season. If the Test Capacity for each of the Capacity Check Test and the Further Capacity Check Test, as stated in their respective Capacity Confirmations, are both less than eighty-five percent (85%) of the Monthly Contract Capacity, then this shall be considered a Supplier Event of Default.
Further Capacity Check Test. If the Supplier has not passed the Capacity Check Test, then the Supplier shall, at the Supplier’s cost and expense, perform a further Capacity Check Test (the “Further Capacity Check Test”) within ten (10) Business Days after the receipt by the Supplier of the Capacity Confirmation from the Buyer, on the same terms and conditions as the Capacity Check Test described in Section 14.6(a). For clarity, any Further 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 each of the Capacity Check Test and the Further Capacity Check Test, as stated in their respective Capacity Confirmations, divided by the one (1) hour or four (4) hours, as applicable, in each of the respective check tests (each an “Average Test Capacity”), are both less than ninety percent (90%) of the Reference Seasonal ICAP, then this shall be considered a Supplier Event of Default. For purposes of calculating the Average Test Capacity in this Section 14.6, the Electricity output from one (1) hour or four (4) hours, as applicable, shall not exceed a maximum amount equal to the Reference Seasonal ICAP multiplied by one (1) hour or four
Further Capacity Check Test. Draft
(i) If the Supplier has not passed the Capacity Check Test, then the Supplier shall, at the Supplier’s cost and expense, perform a further Capacity Check Test (the “Further Capacity Check Test”) within ten (10) Business Days after the receipt by the Supplier of the Capacity Confirmation from the Buyer, on the same terms and conditions as the Capacity Check Test described in Section 15.6(a).
(ii) For clarity, any Further 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 each of the Capacity Check Test and the Further Capacity Check Test, as stated in their respective Capacity Confirmations, divided by the one (1) hour or four (4) hours, as applicable, in each of the respective check tests (each an “Average Test Capacity”), are both less than [eighty-five percent (85%)] of the Monthly Contract Capacity, then this shall be considered a Supplier Event of Default. For purposes of calculating the Average Test Capacity in this Section 15.6, [the Electricity output from four (4) hours shall not exceed a maximum amount equal to the Contract Capacity multiplied by four
Further Capacity Check Test.
(i) If the Supplier has not passed the Capacity Check Test, then the Supplier shall, at the Supplier’s cost and expense, perform a further Capacity Check Test (the “Further Capacity Check Test”) within ten (10) Business Days after the receipt by the Supplier of the Capacity Confirmation from the Buyer, on the same terms and conditions as the Capacity Check Test described in Section 15.6(a).
(ii) For clarity, any Further Capacity Check Test shall not count towards the Buyer’s option to require one (1)
