Procedures on Power Curve Test Failure Sample Clauses

Procedures on Power Curve Test Failure. If the Wind Turbines fail the initial Power Curve Test, then for up to ninety (90) days after Owner notifies Seller of such failure, Seller shall have the right to cause repairs or replacements to be made to the Turbine Equipment designed to cause the Turbines to pass the Power Curve Test, at Seller’s expense. Seller may request in writing at any time during such ninety (90) day period that Owner cause an additional Power Curve Test to be conducted as soon as practicable following the expiration of such ninety (90) day period. If the Turbines fail any such second Power Curve Test, then for up to ninety (90) days after Owner notifies Seller of such failure, Seller shall have the right to cause repairs or replacements to be made to the Turbine Equipment designed to cause the Turbines to pass the Power Curve Test, at Seller’s expense. Any such repairs or replacements elected to be made by Seller shall be made as soon as is practicable. Upon completion of such repairs and replacements, Seller may (within 90 days of the failure of the second Power Curve Test) request Owner to conduct a third Power Curve Test. Each Power Curve Test shall be conducted in accordance with the requirements of this section and Exhibit T, and shall be conducted by the same engineer as conducted the first Power Curve Test. Not later than twenty-one (21) days following the completion of the third Power Curve Test, Owner shall notify Seller in writing whether the Wind Turbines have passed or failed to pass the Power Curve Test. If Seller fails to request a second or third Power Curve Test within the applicable ninety (90) day period, then no later than ten (10) Business Days following the expiration of the applicable ninety (90) day period, Seller shall pay to Owner the Power Curve Liquidated Damages in accordance with the provisions of Section 10.8(d) based on the results of the immediately preceding Power Curve Test. If a second or third Power Curve Test is conducted at Seller’s request, and the Wind Turbines fail the second Power Curve Test (and Seller does not timely exercise its right for a third Power Curve Test) or the Wind Turbines fail the third Power Curve Test, then Seller shall pay to Owner, no later than thirty (30) Business Days following receipt of notice of such failure, the Power Curve Liquidated Damages due to Owner in accordance with the provisions of Section 10.8(d) based on the results of the second or third, as applicable, Power Curve Test. If the nominated Wind Tur...
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