Power Curve Tests Sample Clauses
The Power Curve Tests clause defines the requirements and procedures for testing the performance of a wind turbine or similar equipment to ensure it meets specified power output standards under certain conditions. Typically, this clause outlines the testing methodology, the environmental parameters under which tests must be conducted, and the criteria for evaluating whether the equipment's power curve matches contractual expectations. By establishing clear benchmarks and testing protocols, the clause helps verify that the equipment delivers the promised efficiency and output, thereby reducing disputes and ensuring both parties have a shared understanding of performance standards.
Power Curve Tests. To demonstrate that the Power Curve Guarantee has been fulfilled, the Buyer may elect at its own expense to cause the Units identified by the Buyer prior to the Commercial Operation of the first Unit (the “Nominated Units” as described in further detail in Appendix A, Technical Specifications) to be tested by an independent engineer reasonably acceptable to the Seller. If when first so tested the average performance of all Nominated Units fails to meet the Power Curve Guarantee, then:
(a) the Seller shall reimburse the Buyer for the cost of the initial test; (b) during the three (3) months next following such test, the Seller shall be afforded thirty (30) continuous days of access to each of the Nominated Units to undertake adjustments, and no later than the end of such three-month period the Seller shall re-test the Nominated Units at its sole cost and expense; provided, however, that the Buyer shall pay for the last, successful test; and (c) at the end of each successive twelve-month portion of the Warranty Period, the Seller shall pay to the Buyer as liquidated damages, and not as a penalty, a sum calculated in accordance with Attachment 6, commencing at the beginning of the Warranty Period and continuing until the end of the Warranty Period or until a subsequent test of the Nominated Units shows that they meet the Power Curve Guarantee.
Power Curve Tests. To demonstrate that the Performance Guarantee has been satisfied, PacifiCorp may elect at its own expense to cause the nominated units to be tested in accordance with IEC 614 00-12-1 by a qualified testing authority acceptable to Developer (such acceptance not to be unreasonably withheld or delayed) and a wind turbine testing protocol agreed to by PacifiCorp and Developer. The initial Performance Test must commence within one hundred and twenty (180) days after completion of the last turbine and PacifiCorp shall give Developer at least thirty (30) days’ notice prior to commencing any such Performance Test. If the Performance Test has not commenced within this time for reasons not attributable to Developer, then the Performance Test shall be waived and the Site shall be deemed to have achieved the Performance Guarantee. Developer shall be afforded an opportunity to perform inspections and maintenance prior to the Performance Test, at Developer’s sole expense and that PacifiCorp can observe; provided that such inspections and maintenance shall not delay the scheduled Performance Tests. The Performance Guarantee shall be met when the Performance Test result meets the Performance Guarantee. In no event will Developer be responsible for the cost of the Site operation or operating personnel required to conduct any Performance Test or re-test. The data collection for each nominated unit shall continue until the conditions set forth in the test procedure have been met. The test result shall be reported to Developer within ten (10) Business Days from the completion of the Performance test for Developer’s review. If a terrain assessment carried out by a qualified testing authority indicates that the Site meets IEC criteria such that no Site calibration is required, then requirements for Site calibration may be waived by mutual agreement of the Parties.
Power Curve Tests. To demonstrate that the Power Curve Percentage Guarantee has been fulfilled, Buyer may elect at its own expense to cause one or more the Nominated Turbines (not including the Initial Turbines) to be tested by a qualified testing authority, reasonably acceptable to Turbine Supplier. The initial test must commence within eighteen (18) months of Turbine Completion, and Buyer shall give Turbine Supplier at least ten (10) Business Days Notice prior to commencing any testing. Turbine Supplier will be afforded an opportunity to perform inspections and maintenance prior to and during the test, including but not limited to cleaning of rotor blades. If the test results meet the Power Curve Percentage Guarantee, the Power Curve Percentage Guarantee shall be deemed satisfied. If these criteria are not met, Turbine Supplier may request one additional test within one hundred twenty (120) days of the initial test and shall be entitled to undertake adjustments to the Nominated Turbines for a period of at least thirty (30) days prior to conducting such additional test.