Testing of Dependable Capacity. of the Facility after Commercial Operations Date a) After the Commercial Operations Date, the Dependable Capacity shall be tested in every Contract Year 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 immediate preceding anniversary of Commercial Operations Date. 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 (7) Days of the completion of the rejected test. b) If, the Company does not comply with the necessary formalities to perform the Annual Dependable Capacity Test pursuant to Section 7.1.2(a), BPDB reserve the right not to despatch the energy generated by the Facility until the said test have been conducted:
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
