Common use of Other Project Tests Clause in Contracts

Other Project Tests. Without limiting the foregoing, to the extent Seller or Buyer is required by MISO Rules or other Laws or applicable Permits to demonstrate, after the Closing but prior to the Work achieving Substantial Completion, the capability of, or to otherwise test, the Facility for purposes of capacity qualification or for any other purpose (including to meet requirements arising out of the Project’s proposed participation in MISO or any marketplace administered by MISO) other than through a Project Performance Test contemplated by Section 9.1 and Section 9.2 and Buyer so requests, Seller shall cause such tests to be performed (including any deliverability test or capability test) in accordance with such MISO Rules or other Laws or applicable Permits, the Performance Standard, and the other requirements of this Agreement, at Seller’s sole cost and expense. In planning for and conducting such tests, Seller and Buyer shall follow the provisions of the Scope Book and the principles of this Agreement, including Section 9.1 and Section 9.2, to the extent reasonable and consistent with the requirements of such tests; otherwise, Seller and Buyer shall use commercially reasonable efforts to develop planning, performance, and other terms applicable to such tests that are reasonable and consistent with the requirements of such tests under the MISO Rules or other Laws or applicable Permits and the principles of this Agreement.

Other Project Tests. Without limiting the foregoing, to the extent Seller or Buyer is required by MISO Rules or other Laws or applicable Permits to demonstrate, after the Closing but prior to the Work achieving Substantial Completion, the capability of, or to otherwise test, the Facility for purposes of capacity qualification or for any other purpose (including to meet requirements arising out of the Project’s proposed participation in MISO or any marketplace administered by MISO) other than through a Project Performance Test contemplated by Section 9.1 and Section 9.2 and Buyer so requests, Seller shall cause such tests to be performed (including any deliverability test or capability test) in accordance with such MISO Rules or other Laws or applicable Permits, the Performance Standard, and the other requirements of this Agreement, at Seller’s sole cost and expense. In planning for and conducting such tests, Seller and Buyer shall follow the provisions of the Scope Book and the principles of this Agreement, including Section 9.1 and Section 9.2, to the extent reasonable and consistent with the requirements of such tests; otherwise, Seller and Buyer shall use commercially reasonable efforts to develop planning, performance, and other terms applicable to such tests that are reasonable and consistent with the requirements of such tests under the MISO Rules or other Laws or applicable Permits and the principles of this Agreement.Agreement.‌