Common use of Storage Capacity Tests Clause in Contracts

Storage Capacity Tests. (a) Prior to the Commercial Operation Date, Seller shall schedule and complete one or more Storage Capacity Tests in accordance with Exhibit P. Thereafter, at least once per Contract Year, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit P. PacifiCorp shall have the right to run a retest of the Storage Capacity Test in accordance with Exhibit P. Seller shall have the right to run one or more retests of the Storage Capacity Test in accordance with Exhibit P. (b) PacifiCorp shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. PacifiCorp shall be responsible for all costs and expenses payable or reimbursable to its representative(s) witnessing any Storage Capacity Test. All other costs of any Storage Capacity Test shall be borne by Seller (other than any third party costs incurred by Seller for any retest required by PacifiCorp, unless such retest shall result in the Storage Capacity Rating being reduced from the Storage Capacity Rating established by the immediately preceding Storage Capacity Test, in which case Seller shall be responsible for such costs). (c) Following each Storage Capacity Test, Seller shall submit a testing report to PacifiCorp in accordance with Exhibit P and reasonable support data requested by PacifiCorp. If the actual capacity determined pursuant to a Storage Capacity Test is less than the then current Storage Capacity Rating, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Storage Capacity Rating at the beginning of the day following the completion of the test for all purposes under this Agreement until a new Storage Capacity Rating is determined pursuant to a subsequent Storage Capacity Test. In no event shall Storage Capacity Tests be performed more frequently than monthly. If the actual capacity determined pursuant to a Storage Capacity Test is more than the then current Storage Capacity Rating, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Storage Capacity Rating at the beginning of the day following the completion of the test for all purposes under this Agreement until a new Storage Capacity Rating is determined pursuant to a subsequent Storage Capacity Test, provided in no even shall the Storage Capacity Rating be greater than Storage Capacity Rating set forth in the Expected Storage Requirements.

Storage Capacity Tests. ‌ (a) Prior to the Commercial Operation Date, Seller shall schedule and complete one or more Storage Capacity Tests in accordance with Exhibit P. Thereafter, at least once per Contract Year, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit P. PacifiCorp O. Thereafter, Seller and Buyer shall have the right to run a retest of the Storage Capacity Test in accordance with Exhibit P. Seller shall have the right to run one or more retests of the Storage Capacity Test in accordance with Exhibit P.O. (b) PacifiCorp Buyer shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. PacifiCorp Alternatively, to the extent that any Storage Capacity Tests are done remotely, and no representatives are needed on Site, Seller shall arrange for both Parties to have access to all data and other information arising out of such tests. Buyer shall be responsible for all costs costs, expenses and expenses fees payable or reimbursable to its representative(s) witnessing any Storage Capacity Test. All other For any Storage Capacity Tests initiated by Seller, Seller shall (i) not be entitled to the Renewable Rate for associated Charging Energy, (ii) be liable for all CAISO costs of and charges for associated Charging Energy, and (iii) be entitled to any CAISO revenues associated with Discharging Energy. For any Storage Capacity Tests initiated by Buyer, Buyer shall (x) pay Seller the Renewable Rate for associated Charging Energy, (y) be liable for all CAISO costs and charged for associated Charging Energy, and (z) be entitled to any CAISO revenues associated with associated Discharging Energy. No Charging Notices or Discharging Notices shall be issued during any Storage Capacity Test shall be borne except as reasonably requested by Seller (other than any third party costs incurred by Seller for any retest required by PacifiCorp, unless such retest shall result in or Buyer to implement the Storage Capacity Rating being reduced from the Storage Capacity Rating established by the immediately preceding Storage Capacity Test, in which case Seller shall be responsible for such costs)applicable test. (c) Following each Storage Capacity Test, Seller shall submit a testing report to PacifiCorp in accordance with Exhibit P and reasonable support data requested by PacifiCorp. O. If the actual capacity or efficiency rate determined pursuant to a Storage Capacity Test is less than varies from the then current Storage Contract Capacity Ratingand/or Efficiency Rate, as applicable, then the actual capacity and/or efficiency rate, as applicable, determined pursuant to such a Storage Capacity Test (not to exceed the original Storage Contract Capacity set forth on the Cover Sheet, as such original Storage Contract Capacity on the Cover Sheet may have been adjusted (if at all) pursuant to Exhibit B) shall become the new Storage Contract Capacity Rating and/or Efficiency Rate at the beginning of the day following the completion of the test for all purposes under this Agreement until a new Storage Capacity Rating is determined pursuant to a subsequent Storage Capacity Test. In no event shall Storage Capacity Tests be performed more frequently than monthly. If the actual capacity determined pursuant to a Storage Capacity Test is more than the then current Storage Capacity RatingAgreement, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Storage Capacity Rating at the beginning of the day following the completion of the test for all purposes including compensation under this Agreement until a new Storage Capacity Rating is determined pursuant to a subsequent Storage Capacity Test, provided in no even shall the Storage Capacity Rating be greater than Storage Capacity Rating set forth in the Expected Storage Requirements.Exhibit C.

Storage Capacity Tests. ‌ (a) Prior to the Commercial Operation Date, Seller shall schedule and complete one or more a Commercial Operation Capacity Test, which Storage Capacity Tests Test shall be used to determine the initial Installed Capacity and initial Efficiency Rate, all in accordance with Exhibit P. M. Thereafter, at least once per Contract Year, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit P. PacifiCorp Buyer shall have the right to run a retest of the Storage Capacity Test in accordance with Exhibit P. Seller shall have the right to run one or more retests of the Storage Capacity Test in accordance with Exhibit P.M. (b) PacifiCorp Buyer shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. PacifiCorp Alternatively, to the extent that any Storage Capacity Tests are done remotely, and no representatives are needed on Site, Seller shall arrange for both Parties to have access to all data and other information arising out of such tests. Buyer shall be responsible for all costs costs, expenses and expenses fees payable or reimbursable to its representative(s) witnessing any Storage Capacity Test. All other For any Storage Capacity Tests initiated by Seller, Seller shall (i) not be entitled to the payment for associated Charging Energy, (ii) be liable for all CAISO costs of and charges for associated Charging Energy, and (iii) be entitled to any CAISO revenues associated with Discharging Energy. For any Storage Capacity Tests initiated by Xxxxx, Buyer shall (x) procure the associated Charging Energy, (y) be liable for all CAISO costs and charged for associated Charging Energy, and (z) be entitled to any CAISO revenues associated with associated Discharging Energy. No Charging Notices or Discharging Notices shall be issued during any Storage Capacity Test shall be borne except as reasonably requested by Seller (other than any third party costs incurred by Seller for any retest required by PacifiCorp, unless such retest shall result in or Buyer to implement the Storage Capacity Rating being reduced from the Storage Capacity Rating established by the immediately preceding Storage Capacity Test, in which case Seller shall be responsible for such costs).applicable test.‌ (c) Following each Storage Capacity Test, Seller shall submit a testing report to PacifiCorp in accordance with Exhibit P and reasonable support data requested by PacifiCorp. M. If the actual capacity Storage Capacity or Efficiency Rate determined pursuant to a Storage Capacity Test is less than varies from the then current Storage Capacity Ratingand/or Efficiency Rate, as applicable, then the actual capacity Storage Capacity and/or Efficiency Rate, as applicable, determined pursuant to such a Storage Capacity Test (not to exceed the original Storage Contract Capacity set forth on the Cover Sheet, as such original Storage Contract Capacity on the Cover Sheet may have been adjusted (if at all) pursuant to Exhibit B) shall become the new Storage Capacity Rating and/or Efficiency Rate at the beginning of the day following the completion of the test for all purposes under this Agreement until a new Storage Capacity Rating Agreement, including compensation under Exhibit C.‌ (d) It is determined pursuant acknowledged that Seller shall have the right and option in its sole discretion to a subsequent Storage Capacity Test. In no event shall Storage Capacity Tests be performed more frequently than monthly. If the actual install Facility capacity determined pursuant to a Storage Capacity Test is more than the then current Storage Capacity Rating, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Storage Capacity Rating at the beginning in excess of the day following the completion of the test Storage Contract Capacity; provided, for all purposes under of this Agreement until a new the amount of Installed Capacity and Storage Capacity Rating is determined pursuant shall never be deemed to a subsequent exceed the Storage Contract Capacity, and (for the avoidance of doubt) (A) Buyer shall have no rights to instruct Seller to (i) charge or discharge the Facility at an instantaneous rate (in MW) in excess of the lesser of the Storage Contract Capacity, the Installed Capacity Test, provided in no even shall or the Storage Capacity Rating be greater than or (ii) charge the Facility to a level (in MWh) in excess of the lesser of the Storage Contract Capacity, the Installed Capacity or Storage Capacity Rating set forth times [four (4)] hours, (B) Buyer shall have no obligation to dispatch such excess capacity on behalf of Seller, or to make payment to Seller for such excess capacity, and (C) for purposes of calculating the Monthly Storage Availability of the Facility, the unavailability of such excess capacity will not be considered in the Expected Storage Requirementssuch calculations.