Right to Request Capacity Check Test and Test Protocol Clause Samples

Right to Request Capacity Check Test and Test Protocol. The Buyer shall have the option, exercisable on no more than two (2) occasions per Contract Year, to require the Supplier, within ten (10) Business Days after written notice has been delivered to the Supplier, provided it is not during an Outage, to conduct a test (the “Capacity Check Test”), at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to produce the Contract Capacity, as described below. The Capacity Check Test will be carried out in accordance with a test protocol (the “Test Protocol”) which will include the format of the report to be prepared in respect of the Capacity Check Test and which Test Protocol is to be prepared by the Supplier and submitted in writing to the Buyer for approval at least three (3) months prior to the Term Commencement Date. The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably. Each Capacity Check Test consists of the Facility generating Electricity for four (4) continuous hours during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and approval of the IESO, and shall be evaluated based on calculation‌ of the generator output at the Delivery Point net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions. For greater certainty, the Capacity Check Test shall be based on the Season 1 Contract Capacity, Season 2 Contract Capacity, Season 3 Contract Capacity or the Season 4 Contract Capacity, as applicable, depending on the calendar month during which the Capacity Check Test is conducted.