Common use of Testing of Dependable Capacity of the Facility after Commercial Operations Date Clause in Contracts

Testing of Dependable Capacity of the Facility after Commercial Operations Date. (a) After the Commercial Operations Date, the Dependable Capacity shall be tested annually at times mutually agreed upon by the Company and BPDB for the Facility; provided, that such Dependable Capacity Test shall to the extent possible be conducted within one (1) Month after the completion of a Scheduled Outage; and provided, further, that, subject to any rights of retest provided herein, a Dependable Capacity Test shall in any event be carried out on the Facility not later than four hundred (400) Days following the last Dependable Capacity Test (or retest thereof, as the case may be). The Company may within seventy-two (72) hours of completion of an annual test, reject the test and may conduct a retest in respect of any one rejected test, provided, however, that the Company cannot conduct more than two retests. The Company shall give BPDB at least twenty- four (24) hours’ notice of any such retest and the retest shall be conducted within seven

Testing of Dependable Capacity of the Facility after Commercial Operations Date. (a) After the Commercial Operations Date, the Dependable Capacity shall be tested in accordance with Schedule 3.2(a) annually at times mutually agreed upon by the Company and BPDB for the FacilityFacility as a Combined Cycle Unit; provided, that such Dependable Capacity Test shall to the extent possible be conducted within one (1) Month after the completion of a Scheduled Outage; and provided, further, that, subject to any rights of retest provided herein, a Dependable Capacity Test shall in any event be carried out on the Facility not later than four hundred (400) Days following the last Dependable Capacity Test (or retest thereof, as the case may be). The Company may within seventy-two (72) hours of completion of an annual test, reject the test and may conduct a retest in respect of any one rejected test, provided, however, that the Company cannot conduct more than two retests. The Company shall give BPDB at least twenty- twenty-four (24) hours’ notice of any such retest and the retest shall be conducted within sevenseven (7) Days of the completion of the rejected test.