Tested Capacity Sample Clauses

Tested Capacity. (a) The “Tested Capacity” shall initially be the generation capacity demonstrated by the Commissioning Tests for the Complex, as certified by the Engineer in the Capacity Test Certificate and shall be applicable at and from the Day following the date of completion of Commissioning until revised by the Annual Capacity Test pursuant to Section 8.4 or Section 8.6(b), below. (b) On completion of such initial Capacity Test (or additional test carried out pursuant to Section 8.3(c)), the Engineer shall deliver to the Power Purchaser and the Company the Capacity Test Certificate, certifying the Tested Capacity, which shall be applicable from the Day following the date of completion of the Commissioning Tests, unless and until revised pursuant to Section 8.4.
Sample 1
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Tested Capacity. Tested Capacity will be determined from time to time by the parties in accordance with this Section. (a) Company may, not more than once each month, conduct an unscheduled four hour test of the capacity of the Plant, using installed meters. Representatives of Company may be present at the Plant when such test is conducted. if the results of such test, as adjusted, indicate the Plant has failed to maintain generation of Firm Capacity, then Company may request a test pursuant to subsection (b). (b) Company, subject to subsection (a), or Cogenerator may, at any time, request another twenty-four (24) hour performance test of the Plant, but there shall be no more than one test per calendar month. Determination of Tested Capacity shall be in accordance with Section 5.10. A determination of Tested Capacity shall be effective as of the first day of the calendar month in which the performance test is completed. Company shall be given reasonable prior notice of any performance test and shall have the right to have representatives present during any performance test. If Company determines that the performance test was conducted in a manner or under conditions that make the results of the test unrepresentative or inaccurate, then, upon a written notice to Cogenerator within ten (10) days after such test results are provided to Company in the performance test final report, in which Company specifies the defects in the test and requests a retest, Cogenerator will rerun the test with the defects corrected within a reasonable time after the notice. Results of any such retest shall be retroactive to the date of the original test. If the results of a performance test show that Tested Capacity is less than Firm Capacity then, Billing Capacity (as defined at Section 7.05) shall be reduced as set out in Section 7.05, and shall remain so reduced until a subsequent performance test conducted in accordance with the procedures of Section 5.10. establishes that Tested Capacity equals or exceeds Firm Capacity.
Sample 1
Tested Capacity. (a) The “Tested Capacity” shall initially be the generation capacity of the Complex demonstrated by the Commissioning Tests, adjusted to Reference Hydrological Conditions, as certified by the Engineer in the Capacity Test Certificate and shall be applicable at and from the Day following the date of completion of Commissioning until revised by the Annual Capacity Test pursuant to Section 8.4 or Section 8.6(b), below, which revised Tested Capacity shall be the generation capacity demonstrated by the applicable Annual Capacity Test, adjusted to Reference Hydrological Conditions, and shall be applicable at and from the Day following the applicable Annual Capacity Test; provided that, for purposes of Capacity Payments or any other payments to be made under this Agreement on the basis of (or limited by) Tested Capacity, in no event shall Tested Capacity be greater that the Contract Capacity. (b) On completion of such initial Capacity Test (or additional test carried out pursuant to Section 8.3(c)), the Engineer shall deliver to the Power Purchaser and the Company the Capacity Test Certificate, certifying the Tested Capacity, which shall be applicable from the Day following the date of completion of the Commissioning Tests, unless and until revised pursuant to Section 8.4.
Sample 1
Tested Capacity. (a) The “ Tested Capacity” shall be the g eneration cap acity de monstrated by t he Commissioning Tests for the Complex, as certified by the Engineer in the Capacity Test Certificate and shall be applicable at and from the day following the date of completion of Commissioning. (b) On c ompletion of s uch initial C apacity Test ( or additional t est c arried ou t pursuant t o Section 9.3(c)), the Engineer shall deliver to the Employer and the Contractor the Capacity Test Certificate, certifying the Tested Capacity.
Sample 1

Related to Tested Capacity

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • FREQUENCY AND CAPACITY LEVELS No restriction on frequency, capacity or aircraft type.

  • Maximum Capacity The Sick Leave Bank shall accumulate unused Bank days from year to year to a maximum capacity which shall not exceed double the number of eligible employees as defined in the above Section C, Eligibility for Membership.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Power and Capacity The Shareholder has the power, authority and capacity to enter into this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the Shareholder’s valid, legal and binding obligation and is enforceable against the Shareholder in accordance with its terms, subject, however, as to enforcement, to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights;

  • Shareholder Capacity No Person executing this Agreement who, during the term hereof, is or becomes a director or officer of the Company makes any agreement or understanding herein in his or her capacity as a director or officer of the Company. Each Principal Shareholder signs solely in his, her or its capacity as the record holder and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, Principal Shareholder Shares.

  • Local Circuit Switching Capability, including Tandem Switching Capability 4.1.3.1 Definition 4.1.3.2 Notwithstanding BellSouth’s general duty to unbundle local circuit switching, BellSouth shall not be required to unbundle local circuit switching for <<customer_name>> when <<customer_name>> serves end-users with four (4) or more voice-grade (DS-0) equivalents or lines in locations served by BellSouth’s local circuit switches, which are in the following MSAs: Atlanta, GA; Miami, FL; Orlando, FL; Ft. Lauderdale, FL; Charlotte-Gastonia-Rock Hill, NC; Greensboro-Winston Salem-High Point, NC; Nashville, TN; and New Orleans, LA, and BellSouth has provided non-discriminatory cost based access to the Enhanced Extended Link (EEL) throughout Density Zone 1 as determined by NECA Tariff No. 4 as in effect on January 1, 1999. 4.1.3.3 In the event that <<customer_name>> orders local circuit switching for a single end user account name at a single physical end user location with four (4) or more 2-wire voice-grade loops from a BellSouth central office in an MSA listed above, BellSouth shall charge <<customer_name>> the market based rate in Exhibit C for use of the local circuit switching functionality for the affected facilities. 4.1.3.4 A featureless port is one that has a line port, switching facilities, and an interoffice port. A featured port is a port that includes all features then capable or a number of then capable features specifically requested by <<customer_name>>. Any features that are not currently then capable but are technically feasible through the switch can be requested through the NBR/BFR process. 4.1.3.5 BellSouth will provide to <<customer_name>> customized routing of calls: (i) to a requested directory assistance services platform; (ii) to an operator services platform pursuant to Section 10 of Attachment 2; (iii) for <<customer_name>>’s PIC’ed toll traffic in a two (2) PIC environment to an alternative OS/DA platform designated by <<customer_name>>. <<customer_name>> customers may use the same dialing arrangements as BellSouth customers. 4.1.3.6 Remote Switching Module functionality is included in Switching Capability. The switching capabilities used will be based on the line side features they support. 4.1.3.7 Switching Capability will also be capable of routing local, intraLATA, interLATA, and calls to international customer’s preferred carrier; call features (e.g. call forwarding) and Centrex capabilities. 4.1.3.8 Where required to do so in order to comply with an effective Commission order, BellSouth will provide to <<customer_name>> purchasing local BellSouth switching and reselling BellSouth local exchange service under Attachment 1, selective routing of calls to a requested directory assistance services platform or operator services platform. <<customer_name>> customers may use the same dialing arrangements as BellSouth customers, but obtain a <<customer_name>> branded service.

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

  • Testing Capabilities 7.2.2.10.2.1 LIS Acceptance Testing is provided where equipment is available, with the following test lines: seven-digit access to balance (100 type), milliwatt (102 type), nonsynchronous or synchronous, automatic transmission measuring (105 type), data transmission (107 type), loop-around, short circuit, open circuit, and non-inverting digital loop-back (108 type), and such other acceptance testing that may be needed to ensure that the service is operational and meets the applicable technical parameters. 7.2.2.10.2.2 In addition to LIS acceptance testing, other tests are available (e.g., additional cooperative acceptance testing, automatic scheduled testing, cooperative scheduled testing, manual scheduled testing, and non-scheduled testing). Charges for such testing are identified in Section 7.3.5.

  • Action in Shareholder Capacity Only The parties acknowledge that this Agreement is entered into by Shareholder solely in such Shareholder’s capacity as the Beneficial Owner of such Shareholder’s Owned Securities and nothing in this Agreement restricts or limits any action taken by such Shareholder in its capacity as a director or officer of the Company or any of its Affiliates and the taking of any actions (or failure to act) in its capacity as an officer or director of the Company, or any of its Affiliates, will not be deemed to constitute a breach of this Agreement, regardless of the circumstances thereto.

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