Common use of Further Capacity Check Test Clause in Contracts

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. ‌ (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).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 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.Default.‌ Draft

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 BuyerSponsor, 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 BuyerSponsor’s option to require one (1) Capacity Check Test per Season. If the‌ the Test Capacity for each of the Capacity Check Test and of the Further Capacity Check Test, as stated in their respective Capacity Confirmations, Check‌ Test 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. ‌ (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).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 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.Default.‌

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 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.Default.‌