Rated Capacity. At the Commercial Operate Date, the Facility is expected to have a Rated Capacity of not less than forty-eight (48) MW. Department may terminate this Agreement if the Rated Capacity of the Facility is less than forty (40) MW, provided, however, that Seller may re-run the performance test two times, within one-hundred-twenty (120) Days following the Commercial Operation Date, to attempt to achieve a Rated Capacity in excess of forty (40) MW. The provisions of this Section 4.04 and Section 2.02 shall be the exclusive remedy of Department for the Facility's failure to achieve a specific Rated Capacity.
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Samples: Consent and Agreement, Consent and Agreement, Consent and Agreement
