Common use of PROVISIONAL ACCEPTANCE Clause in Contracts

PROVISIONAL ACCEPTANCE. Provisional Acceptance shall be achieved hereunder with respect to the Facility, if the following conditions have been met: (a) Contractor has caused a Completed Performance Test in accordance with Section 6.2 hereof to be concluded in which the Facility, while operating on Gas, demonstrates during such Performance Test an average net electrical output and a net heat rate (each as measured and corrected to the design operating conditions, all in accordance with the procedures set forth in Appendix D hereto) of 95% (or higher) of the Gas-based Electrical Output Guarantee and 108% (or lower) of the Gas-based Heat Rate Guarantee (provided that each such level of achievement shall be calculated in the manner described in Sections 8.1.1 and 8.1.2 hereof, respectively); provided, however, that if any correction, repair or replacement work has been required to be made to the Facility pursuant to Article 10 hereof or if Contractor has made any modifications to the Facility, in either case since the date of such Completed Performance Test, which work or modifications could reasonably be expected to adversely affect the performance of the Facility, then Owner may require Contractor to conduct another Completed Performance Test on the Facility in accordance with Section 6.2 hereof, which Completed Performance Test shall be utilized for purposes of this Section 6.3(a); (b) Contractor has caused a Completed PPA Output Test in accordance with Section 6.2 hereof to be concluded in which the Facility demonstrates (i) a level of achievement of 95% (or higher) of the Gas-based Electrical Output Guarantee, while operating on Gas (with such level of achievement to be calculated in the manner set forth in Part B of Appendix D hereto), and (ii) to the Utility's reasonable satisfaction, the other capabilities required to be so demonstrated pursuant to Part B of Appendix B hereto; and (c) The Facility has achieved, and continues to satisfy the requirements for the achievement of, Mechanical Completion.

PROVISIONAL ACCEPTANCE. Provisional Acceptance shall be achieved hereunder with respect to the Facility, if Facility upon the earlier to occur of (i) Final Acceptance and(ii) satisfaction of the following conditions have been metconditions: (a) Contractor has caused a Completed Performance Test in accordance with Section 6.2 hereof to be concluded in which the Facility, while operating on Gas, demonstrates during such Performance Test an average net electrical output and a net heat rate (each as measured and corrected to the design operating conditions, all in accordance with the procedures set forth in Appendix D hereto) of 95% [*] (or higher) of the Gas-based Electrical Output Guarantee and 108% [*] (or lower) of the Gas-based Heat Rate Guarantee (provided PROVIDED that each such level of achievement shall be calculated in the manner described in Sections 8.1.1 and 8.1.2 hereof, respectively); providedPROVIDED, howeverHOWEVER, that if any correction, repair or replacement work has been required to be made to the Facility pursuant to Article 10 hereof or if Contractor has made any modifications or repairs to the Facility, in either case Facility since the date of such Completed Performance Test, which work modifications or modifications repairs could reasonably be expected to adversely affect the performance of the Facility, and Contractor has not reversed such modifications or repairs to Owner's (and the Independent Engineer's) satisfaction, then Owner may require Contractor to conduct another Completed Performance Test on the Facility in accordance with Section 6.2 hereof, which Completed Performance Test shall be utilized for purposes of this Section 6.3(a);; and (b) The Facility has achieved Mechanical Completion, and Contractor has caused a Completed PPA Output Test in accordance with Section 6.2 hereof to be concluded in which not made any modification or repair following the Facility demonstrates (i) a level date of achievement of 95% (or higher) Mechanical Completion that could reasonably be expected, in the judgment of Owner and the Independent Engineer, to adversely affect the performance of the Gas-based Electrical Output Guarantee, while operating on Gas Facility unless Contractor has reversed such modification or repair to Owner's (with such level of achievement to be calculated in and the manner set forth in Part B of Appendix D hereto), and (iiIndependent Engineer's) to the Utility's reasonable satisfaction, the other capabilities required to be so demonstrated pursuant to Part B of Appendix B hereto; and (c) The Facility has achieved, and continues to satisfy the requirements for the achievement of, Mechanical Completion.