Storage Capacity Tests. 24 (a) Prior to the Commercial Operation Date, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit O. Thereafter, Seller and Buyer shall have the right to run retests of the Storage Capacity Test in accordance with Exhibit O. (b) Buyer shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. Such representative(s) shall not interfere with the Storage Capacity Tests. Buyer shall be responsible for all costs, expenses and fees payable or reimbursable to its representative(s) witnessing any Storage Capacity Test. Other than as may be agreed pursuant to Section 3.13, all other costs of any Storage Capacity Test shall be borne by Seller. (c) Following each Storage Capacity Test, Seller shall submit a testing report in accordance with Exhibit O. If the actual capacity determined pursuant to a Storage Capacity Test is less than the then current Storage Contract Capacity, then the actual capacity determined pursuant to a Storage Capacity Test shall become the new Storage Contract Capacity at the beginning of the day following the completion of the test for all purposes under this Agreement, including compensation under Exhibit C, until the next such Storage Capacity Test.
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Storage Capacity Tests. 2431
(a) Prior to the Commercial Operation Date, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit O. R. Thereafter, Seller and Buyer shall have the right to run retests of the Storage Capacity Test in accordance with Exhibit O.R.
(b) Buyer shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. Such representative(s) shall not interfere with the Storage Capacity Tests. Buyer shall be responsible for all costs, expenses and fees payable or reimbursable to its 31 Applicable if the Facility includes a Storage Facility. representative(s) witnessing any Storage Capacity Test. Other than as may be agreed pursuant to Section 3.13, all other costs of any Storage Capacity Test shall be borne by Seller.
(c) Following each Storage Capacity Test, Seller shall submit a testing report in accordance with Exhibit O. R. If the actual capacity determined pursuant to a Storage Capacity Test is less than the then current Storage Contract Capacity, then the actual capacity determined pursuant to a Storage Capacity Test shall become the new Storage Contract Capacity at the beginning of the day following the completion of the test for all purposes under this Agreement, including compensation under Exhibit C, until the next such Storage Capacity Test.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
Storage Capacity Tests. 2424
(a) Prior to the Commercial Operation Date, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit O. R. Thereafter, Seller and Buyer shall have the right to run retests of the Storage Capacity Test in accordance with Exhibit O.R.
(b) Buyer shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. Such representative(s) shall not interfere with the Storage Capacity Tests. Buyer shall be responsible for all costs, expenses and fees payable or reimbursable to its representative(s) witnessing any Storage Capacity Test. Other than as may be agreed pursuant to Section 3.13, all other costs of any Storage Capacity Test shall be borne by Seller.
(c) Following each Storage Capacity Test, Seller shall submit a testing report in accordance with Exhibit O. R. If the actual capacity determined pursuant to a Storage Capacity Test is less than the then current Storage Contract Capacity, then the actual capacity determined pursuant to a Storage Capacity Test shall become the new Storage Contract Capacity at the beginning of the day following the completion of the test for all purposes under this Agreement, including compensation under Exhibit C, until the next such Storage Capacity Test.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
Storage Capacity Tests. 24
(a) Prior to the Commercial Operation Date, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit O. Appendix P. Thereafter, at least once per Contract Year, Seller shall schedule and complete a Storage Capacity Test in accordance with Appendix P. Buyer shall have the right to run retests of the Storage Capacity Test in accordance with Exhibit O.Appendix P.
(b) Buyer shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. Such representative(s) shall not interfere with Alternatively, to the extent that any Storage Capacity TestsTests 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, expenses and fees payable or reimbursable to its representative(s) witnessing any Storage Capacity Test. Other than as may be agreed pursuant to Section 3.13, all All other costs of any Storage Capacity Test shall be borne by Seller.
(c) Following each Storage Capacity Test, Seller shall submit a testing report in accordance with Exhibit O. Appendix P. If the actual capacity determined pursuant to a Storage Capacity Test is less than varies from the then current Storage Contract Capacity, then then, at the beginning of the day following the completion of the test, (1) the actual capacity determined pursuant to a Storage Capacity Test shall become the new Storage Contract Capacity at (up to, but not in excess of, the beginning of the day following the completion of the test original Guaranteed Storage Capacity set forth in Appendix B), for all purposes under this Agreement, including compensation under Exhibit C, until Agreement and (2) the next such Storage Contract Output will be adjusted to an amount equal to the new Storage Contract Capacity Testmultiplied by four (4) hours.
Appears in 1 contract
Samples: Power Purchase Agreement