Testing of Metering System. (a) The Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System, and if necessary calibrate or recalibrate them, in accordance with Schedule 3 not later than the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy from the Facility that is to be paid for by the Purchaser pursuant to this Agreement. Thereafter, the Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Net Delivered Energy from the Metering System and the Back-Up Metering System differ by an amount greater than two-tenths of one percent (0.2%). In such eventuality, the Purchaser and the Seller together shall test the accuracy of the Metering System and the Back-Up Metering System and recalibrate the Metering System and/or Back-Up Metering System, if necessary. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of, or adjustment to, the Metering System or the Back-Up Metering System; provided that if the Seller’s representative fails to attend such test, inspection, or adjustment, Seller shall be deemed to have waived its right to attend and observe that test, inspection, and/or adjustment. (b) In addition to the tests to be carried out pursuant to this Section 7.3, if the either Party believes that the Metering System is inaccurate it shall inform the other Party, requesting that the Metering System and Back-Up Metering System accuracy be tested, and the Purchaser and the Seller shall test the Metering System and Back-Up Metering System within a reasonable time. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of or adjustment to the Metering System or Back-Up Metering System; provided that if the Seller fails to attend such tests, inspection or adjustment, Seller shall have waived its right to attend and observe that test, inspection, and/or adjustment. The Seller shall bear the cost of such tests requested by it, unless the test indicates that the Metering System is inaccurate by more than two-tenths of one percent (0.2%) in which case, the Purchaser shall bear the cost of the tests.
Appears in 2 contracts
Testing of Metering System. (a) The Seller shall test the accuracy and calibrate or recalibrate, if necessary, of each of the Metering System and the Back-Up Metering System, and if necessary calibrate or recalibrate them, System in accordance with Schedule 3 6 not later than the earlier of (i) thirty (30) Days after the relevant Metering System or Back-Up Metering System is installed by the Seller or (ii) the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy from the Facility Complex, as the case may be, that is to be paid for by the Purchaser pursuant to this Agreement. Thereafter, the Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Net Delivered Energy from the Metering System and the Back-Up Metering System differ by an amount greater than twoone-tenths half of one percent (0.20.5%). In such eventualityan event, the Purchaser and the Seller together shall test the accuracy of the Metering System and the Back-Up Metering System and recalibrate the Metering System and/or Back-Up Metering System, if necessary. The Purchaser shall provide give the Seller no not less than forty-eight (48) hours advance notice of such tests, tests and the Seller shall have the right to witness such tests tests, as well as any inspection of, or adjustment to, of the Metering System or the Back-Up Metering Systemadjustment thereof; provided that if the Seller’s representative fails to attend such testtests, inspection, inspection or adjustment, Seller such right shall be deemed have been waived with respect to have waived its right to attend and observe that such test, inspection, inspection and/or adjustment.
(b) Following testing and any recalibration, if necessary, and return to service of the Metering System pursuant to Section 7.3(a), above, the Seller shall if necessary test the accuracy of the relevant Back-Up Metering System and recalibrate the relevant Back-Up Metering System. The Seller shall give the Purchaser no less than forty-eight (48) hours notice of such tests and the Purchaser shall have the right to witness such tests, as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection and/or adjustment.
(c) In addition to the tests to be carried out pursuant to this Section 7.37.3(a), if the either Party Seller believes that the Metering System is inaccurate it shall inform the other PartyPurchaser, requesting that the Metering System and Back-Up Metering System System’s accuracy be tested, and the Purchaser and the Seller shall test the Metering System within a reasonable time. If the Purchaser believes that the Metering System is inaccurate it shall inform the Seller, and Back-Up the Purchaser and the Seller shall test the Metering System within a reasonable time. The Purchaser shall provide give the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of or adjustment to the Metering System or Back-Up Metering System; provided that if the Seller fails to attend such tests, inspection or adjustment, Seller shall have waived its right to attend and observe that test, inspection, and/or adjustment. The Seller shall bear the cost of such tests requested by it, unless the test indicates that the Metering System is inaccurate by more than two-tenths of one percent (0.2%) in which case, the Purchaser shall bear the cost of the tests.eight
Appears in 2 contracts
Samples: Energy Purchase Agreement, Energy Purchase Agreement
Testing of Metering System. (a) The Seller Power Purchaser shall test the accuracy be given not less than forty-eight (48) hours notice of each of the Metering System and the Back-Up Metering System, and if necessary calibrate or recalibrate them, in accordance with Schedule 3 not later than the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy from the Facility that is to be paid for by the Purchaser pursuant to this Agreement. Thereafter, the Purchaser and the Seller shall test the accuracy of each all tests of the Metering System and the Back-Up Metering System carried out by the Company pursuant to Section 7.2(a) and shall have the right to witness such tests, as well as any inspection of the Metering System and the Back-Up Metering System or adjustments thereof; provided that if the Power Purchaser representative fails to attend such tests, inspection or adjustment, such right shall have been waived with respect to such test, inspection and/or adjustment. After the Metering System has been conveyed to the Power Purchaser pursuant to Section 7.2(b), the Power Purchaser shall test the accuracy of the Metering System at any time that the readings of Net Delivered Energy electrical energy from the Metering System and the Back-Up Metering System differ by an amount greater than two-tenths one- half of one percent (0.20.5%). In such eventualityan event, the Power Purchaser and the Seller together shall test the accuracy of the Metering System and recalibrate the Metering System, if necessary. The Power Purchaser shall give the Company not less than forty- eight (48) hours notice of such tests and the Company shall have the right to witness such tests, as well as any inspection of the Metering System or adjustment thereof; provided that if the Company representative fails to attend such tests, inspection or adjustment, such right shall have been waived with respect to such test, inspection and/or adjustment.
(b) Following testing and any recalibration, if necessary, and return to service of the Metering System pursuant to Section 7.3(a), above, the Company shall test the accuracy of the relevant Back-Up Metering System and recalibrate the Metering System and/or relevant Back-Up Metering System, System if necessary. The Company shall give the Power Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, tests and the Seller Power Purchaser shall have the right to witness such tests tests, as well as any inspection of, or adjustment to, the Metering System or of the Back-Up Metering SystemSystem or adjustment thereof; provided that if the Seller’s representative Power Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection, or adjustment, Seller shall be deemed to have waived its right to attend and observe that test, inspection, inspection and/or adjustment.
(bc) In addition to the tests to be carried out pursuant to this Section 7.37.3(a), if the either Party Company believes that the Metering System is inaccurate it shall inform the other Party, requesting that the Metering System and Back-Up Metering System accuracy be testedPower Purchaser, and the Power Purchaser and the Seller shall test the Metering System and Back-Up Metering System within a reasonable time. The Power Purchaser shall provide give the Seller Company no less than forty-forty eight (48) hours advance notice of such tests, tests and the Seller Company shall have the right to witness such tests tests, as well as any inspection of or adjustment to the Metering System or Back-Up Metering Systemadjustment thereof; provided that if the Seller Company fails to attend such tests, inspection or adjustment, Seller adjustment such right shall have been waived its right with respect to attend and observe that such test, inspection, inspection and/or adjustment. The Seller Company shall bear the cost of such tests requested by it, additional test unless the test indicates that the Metering System is inaccurate by more than twoone-tenths half of one percent (0.20.5%) ), in which case, case the Power Purchaser shall bear the cost of the additional test.
(d) In addition to the tests to be carried out pursuant to Section 7.3(b), if the Power Purchaser believes that the Back-Up Metering System is inaccurate it shall inform the Company and the Company shall test the Back-Up Metering System within a reasonable time. The Company shall give the Power Purchaser no less than forty eight (48) hours notice of such tests and the Power Purchaser shall have the right to witness such tests, as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Power Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection and/or adjustment. The Power Purchaser shall bear the cost of such additional test unless the test indicates that the Back-Up Metering System is inaccurate by more than one-half of one percent (0.5%), in which case the Company shall bear the cost of the additional test.
Appears in 1 contract
Samples: Power Purchase Agreement
Testing of Metering System. (a) The Seller shall test the accuracy of each of the Metering System and the Back-Back- Up Metering SystemSystem and, and if necessary necessary, calibrate or recalibrate them, in accordance with Schedule 3 6 not later than the earlier of (i) thirty (30) Days after the relevant Metering System or Back-Up Metering System is installed by the Seller or (ii) the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy from the Facility Complex, as the case may be, that is to be paid for by the Purchaser pursuant to this Agreement. Thereafter, the Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Net Delivered Energy from the Metering System and the Back-Up Metering System differ by an amount greater than two-tenths one- fifth of one percent (0.2%). In such eventuality, the Purchaser and the Seller together shall test the accuracy of the Metering System and the Back-Up Metering System and recalibrate the Metering System and/or Back-Up Metering System, if necessary. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of, or adjustment to, the Metering System or the Back-Up Metering System; provided that if the Seller’s representative fails to attend such test, inspection, or adjustment, Seller shall be deemed to have waived its right to attend and observe that test, inspection, and/or adjustment.
(b) In addition to the tests to be carried out pursuant to this Section 7.3, if the either Party believes that the Metering System is inaccurate it shall inform the other Party, requesting that the Metering System and Back-Up Metering System accuracy be tested, and the Purchaser and the Seller shall test the Metering System and Back-Up Metering System within a reasonable time. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of or adjustment to the Metering System or adjustment thereof; provided that if the Seller’s representative fails to attend such tests, inspection or adjustment, such right shall be deemed to have been waived with respect to such tests, inspection and/or adjustment.
(b) Following testing and any recalibration, if necessary, and return to service of the Metering System pursuant to Section 7.3(a), the Seller shall test the accuracy of the relevant Back-Up Metering System and recalibrate the relevant Back-Up Metering System if necessary. The Seller shall give the Purchaser no less than forty-eight (48) hours notice of such tests and the Purchaser shall have the right to witness such tests, as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection and/or adjustment.
(c) In addition to the tests to be carried out pursuant to Section 7.3(a), if the Seller believes that the Metering System is inaccurate it shall inform the Purchaser requesting that the Metering System’s accuracy be tested, and the Purchaser and the Seller shall test the Metering System within a reasonable time. The Purchaser shall give the Seller no less than forty eight (48) hours notice of such tests and the Seller shall have the right to witness such tests, as well as any inspection of the Metering System or adjustment thereof; provided that if the Seller fails to attend such tests, inspection or adjustment, Seller adjustment such right shall have been waived its right with respect to attend and observe that such test, inspection, inspection and/or adjustment. The Seller shall bear the cost of such tests requested by it, additional test unless the test indicates that the Metering System is inaccurate by more than twoone-tenths fifth of one percent (0.2%) ), in which case, case the Purchaser shall bear the cost of the additional test.
(d) In addition to the tests to be carried out pursuant to Section 7.3(b), if the Purchaser believes that the Back-Up Metering System is inaccurate it shall inform the Seller requesting that the Back-up Metering System’s accuracy be tested, and the Seller shall test the Back-Up Metering System within a reasonable time. The Seller shall give the Purchaser no less than forty eight (48) hours’ notice of such tests and the Purchaser shall have the right to witness such tests, as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection and/or adjustment. The Purchaser shall bear the cost of such additional test unless the test indicates that the Back-Up Metering System is inaccurate by more than one-fifth of one percent (0.2%), in which case the Seller shall bear the cost of the additional test.
Appears in 1 contract
Samples: Energy Purchase Agreement
Testing of Metering System. (a) The Seller shall test the accuracy and calibrate or recalibrate, if necessary, of each of the Metering System and the Back-Up Metering System, and if necessary calibrate or recalibrate them, System in accordance with Schedule 3 6 not later than the earlier of (i) thirty (30) Days after the relevant Metering System or Back-Up Metering System is installed by the Seller or (ii) the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy from the Facility Complex, as the case may be, that is to be paid for by the Purchaser pursuant to this Agreement. Thereafter, the Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Net Delivered Energy from the Metering System and the Back-Up Metering System differ by an amount greater than twoone-tenths half of one percent (0.20.5%). In such eventualityan event, the Purchaser and the Seller together shall test the accuracy of the Metering System and the Back-Up Metering System and recalibrate the Metering System and/or Back-Up Metering System, if necessary. The Purchaser shall provide give the Seller not less than forty-eight (48) hours notice of such tests and the Seller shall have the right to witness such tests, as well as any inspection of the Metering System or adjustment thereof; provided that if the Seller’s representative fails to attend such tests, inspection or adjustment, such right shall have been waived with respect to such test, inspection and/or adjustment.
(b) Following testing and any recalibration, if necessary, and return to service of the Metering System pursuant to Section 7.3(a), above, the Seller shall if necessary test the accuracy of the relevant Back-Up Metering System and recalibrate the relevant Back-Up Metering System. The Seller shall give the Purchaser no less than forty-eight (48) hours notice of such tests and the Purchaser shall have the right to witness such tests, as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection and/or adjustment.
(c) In addition to the tests to be carried out pursuant to Section 7.3(a), if the Seller believes that the Metering System is inaccurate it shall inform the Purchaser, requesting that the Metering System’s accuracy be tested, and the Purchaser shall test the Metering System within a reasonable time. If the Purchaser believes that the Metering System is inaccurate it shall inform the Seller, and the Purchaser shall test the Metering System within a reasonable time. The Purchaser shall give the Seller no less than forty-eight (48) hours advance notice of such tests, tests and the Seller shall have the right to witness such tests as well as any inspection of, or adjustment to, the Metering System or the Back-Up Metering System; provided that if the Seller’s representative fails to attend such test, inspection, or adjustment, Seller shall be deemed to have waived its right to attend and observe that test, inspection, and/or adjustment.
(b) In addition to the tests to be carried out pursuant to this Section 7.3, if the either Party believes that the Metering System is inaccurate it shall inform the other Party, requesting that the Metering System and Back-Up Metering System accuracy be tested, and the Purchaser and the Seller shall test the Metering System and Back-Up Metering System within a reasonable time. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of or adjustment to the Metering System or Back-Up Metering Systemadjustment thereof; provided that if the Seller fails to attend such tests, inspection or adjustment, Seller adjustment such right shall have been waived its right with respect to attend and observe that such test, inspection, inspection and/or adjustment. The Seller shall bear the cost of such tests additional test requested by it, it unless the test indicates that the Metering System is inaccurate by more than twoone-tenths half of one percent (0.20.5%) ), in which case, case the Purchaser shall bear the cost of the additional test.
(d) In addition to the tests to be carried out pursuant to Section 7.3(b), if the Purchaser believes that the Back-Up Metering System is inaccurate it shall inform the Seller, requesting that the Back-Up Metering System’s accuracy be tested, and the Seller shall test the Back-Up Metering System within a reasonable time. If the Seller believes that the Back-Up Metering System is inaccurate it shall inform the Purchaser, and the Seller shall test the Back-Up Metering System within a reasonable time. The Seller shall give the Purchaser no less than forty-eight (48) hours notice of such tests and the Purchaser shall have the right to witness such tests, as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection and/or adjustment. The Purchaser shall bear the cost of such additional test requested by it, unless the test indicates that the Back-Up Metering System is inaccurate by more than one-half of one percent (0.5%), in which case the Seller shall bear the cost of the additional test.
Appears in 1 contract
Samples: Energy Purchase Agreement
Testing of Metering System.
(a) The Seller shall test the accuracy of and calibrate or recalibrate, if necessary, each of the Metering System and the Back-Up Metering System, and if necessary calibrate or recalibrate them, System in accordance with Schedule 3 not 3, no later than the earlier of — (i) thirty (30) Days after the relevant Metering System or Back-Up Metering System is installed by the Seller, or (ii) the Day before the date of first delivery to the Interconnection Point of any Delivered Net Delivered Energy from the Facility Complex — as the case may be, that is to be paid for by the Purchaser pursuant to this Agreement. Thereafter, the Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Delivered Net Delivered Energy from the Metering System and the Back-Up Metering System differ by an amount greater than twoone-tenths half of one percent (0.20.5%). In such eventuality, the Purchaser and the Seller together shall test the accuracy of the Metering System and the Back-Up Metering System and and, if necessary, shall recalibrate the Metering System and/or Back-Up Metering System, if necessary. The Purchaser shall provide give the Seller no less than forty-eight (48) hours advance hours’ notice of such tests and the Seller shall have the right to witness such tests, as well as any inspection of the Metering System or adjustment thereof; providedthat if the Seller’s representative fails to attend such tests, inspection or adjustment, such right shall have been waived with respect to such test, inspection and/or adjustment.
(b) Following testing and any recalibration, if necessary, and return to service of the Metering System pursuant to Section 7.3(a), above, the Seller shall, if necessary, test the accuracy of the relevant Back-Up Metering System and recalibrate the relevant Back-Up Metering System. The Seller shall give the Purchaser no less than forty-eight (48) hours’ notice of such tests, and the Seller Purchaser shall have the right to witness such tests as well as any inspection of, or adjustment to, the Metering System or of the Back-Up Metering SystemSystem or adjustment thereof; provided that providedthat if the Seller’s representative Purchaser fails to attend such testtests, inspection, inspection or adjustment, Seller such right shall be deemed have been waived with respect to have waived its right to attend and observe that such test, inspection, inspection and/or adjustment.
(bc) In addition to the tests to be carried out pursuant to this Section 7.37.3(a), if the either Party Seller believes that the Metering System is inaccurate it shall inform the other PartyPurchaser, requesting that the Metering System and Back-Up Metering System System’s accuracy be tested, and the Purchaser and the Seller shall test the Metering System within a reasonable time. If the Purchaser believes that the Metering System is inaccurate it shall inform the Seller, and Back-Up the Purchaser and the Seller shall test the Metering System within a reasonable time. The Purchaser shall provide give the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of or adjustment to the Metering System or Back-Up Metering System; provided that if the Seller fails to attend such tests, inspection or adjustment, Seller shall have waived its right to attend and observe that test, inspection, and/or adjustment. The Seller shall bear the cost of such tests requested by it, unless the test indicates that the Metering System is inaccurate by more than two-tenths of one percent (0.2%) in which case, the Purchaser shall bear the cost of the tests.eight
Appears in 1 contract
Samples: Energy Purchase Agreement
Testing of Metering System. (a) a. The Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System, and if necessary calibrate or recalibrate them, in accordance with Schedule 3 5 not later than the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy from the Facility that is to be paid for by the Purchaser pursuant to this AgreementFacility. Thereafter, the Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Net Delivered Energy from the Metering System and the Back-Up Metering System differ by an amount greater than two-tenths of one percent (0.2%). In such eventuality, the Purchaser and the Seller together shall test the accuracy of the Metering System and the Back-Up Metering System and recalibrate the Metering System and/or Back-Up Metering System, if necessary. The Purchaser Seller shall provide the Seller Purchaser no less than forty-eight (48) hours advance notice of such tests, and the Seller Purchaser shall have the right to witness such tests as well as any inspection of, or adjustment to, the Metering System or the Back-Up Metering System; provided that if the SellerPurchaser’s representative fails to attend such test, inspection, or adjustment, Seller Purchaser shall be deemed to have waived its right to attend and observe that test, inspection, and/or adjustment.
(b) b. In addition to the tests to be carried out pursuant to this Section 7.37.3(a), if the either Party believes that the Metering System is inaccurate it shall inform the other Party, requesting that the Metering System and Back-Up Metering System accuracy be tested, and the Purchaser and the Seller shall test the Metering System and Back-Up Metering System within a reasonable time. The Purchaser Seller shall provide the Seller Purchaser no less than forty-eight (48) hours advance notice of such tests, and the Seller Purchaser shall have the right to witness such tests as well as any inspection of or adjustment to the Metering System or Back-Up Metering System; provided that if the Seller Purchaser fails to attend such tests, inspection or adjustment, Seller Purchaser shall have waived its right to attend and observe that test, inspection, and/or adjustment. The Seller Purchaser shall bear the cost of such tests requested by it, unless the test indicates that the Metering System is inaccurate by more than two-two- tenths of one percent (0.2%) in which case, the Purchaser Seller shall bear the cost of the tests.
Appears in 1 contract
Samples: Power Purchase Agreement
Testing of Metering System. (a) The Seller Power Purchaser shall be given not less than forty-eight (48) hours notice of all tests of the Metering System and the Back-Up Metering System carried out by the Company pursuant to Section 7.2(a) and shall have the right to witness such tests, as well as any inspection of the Metering System and the Back-Up Metering System or adjustments thereof; provided that if the Power Purchaser representative fails to attend such tests, inspection or adjustment, such right shall have been waived with respect to such test, inspection and/or adjustment. After the Metering System has been conveyed to the Power Purchaser pursuant to Section 7.2(b).The Company shall test the accuracy and calibrate or recalibrate, if necessary, of each of the Metering System and the Back-Up Metering System, and if necessary calibrate or recalibrate them, System in accordance with Schedule 3 6 not later than the earlier of (i) thirty (30) Days after the relevant Metering System or Back- Up Metering System is installed by the Company or (ii) the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy electrical energy from the Facility Complex, as the case may be, that is to be paid for by the Power Purchaser pursuant to this Agreement. Thereafter, the Power Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Net Delivered Energy electrical energy from the Metering System and the Back-Up Metering System differ by an amount greater than twoone-tenths half of one percent (0.20.5%). In such eventualityan event, the Power Purchaser and the Seller together shall test the accuracy of the Metering System and recalibrate the Metering System, if necessary. The Power Purchaser shall give the Company not less than forty-eight (48) hours notice of such tests and the Company shall have the right to witness such tests, as well as any inspection of the Metering System or adjustment thereof; provided that if the Company’s representative fails to attend such tests, inspection or adjustment, such right shall have been waived with respect to such test, inspection and/or adjustment.
(b) Following testing and any recalibration, if necessary, and return to service of the Metering System pursuant to Section 7.3(a), above, the Company shall if necessary test the accuracy of the relevant Back-Up Metering System and recalibrate the Metering System and/or relevant Back-Up Metering System, if necessary. The Company shall give the Power Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, tests and the Seller Power Purchaser shall have the right to witness such tests tests, as well as any inspection of, or adjustment to, the Metering System or of the Back-Up Metering SystemSystem or adjustment thereof; provided that if the Seller’s representative Power Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection, or adjustment, Seller shall be deemed to have waived its right to attend and observe that test, inspection, inspection and/or adjustment.
(bc) In addition to the tests to be carried out pursuant to this Section 7.37.3(a), if the either Party Company believes that the Metering System is inaccurate it shall inform the other PartyPower Purchaser, requesting that the Metering System and Back-Up Metering System System’s accuracy be tested, and the Power Purchaser and the Seller shall test the Metering System within a reasonable time. If the Power Purchaser believes that the Metering System is inaccurate it shall inform the Company, and Back-Up the Power Purchaser shall test the Metering System within a reasonable time. The Power Purchaser shall provide give the Seller Company no less than forty-eight (48) hours advance notice of such tests, tests and the Seller Company shall have the right to witness such tests tests, as well as any inspection of or adjustment to the Metering System or Back-Up Metering Systemadjustment thereof; provided that if the Seller Company fails to attend such tests, inspection or adjustment, Seller adjustment such right shall have been waived its right with respect to attend and observe that such test, inspection, inspection and/or adjustment. The Seller Company shall bear the cost of such tests additional test requested by it, it unless the test indicates that the Metering System is inaccurate by more than twoone-tenths half of one percent (0.20.5%) ), in which case, case the Power Purchaser shall bear the cost of the additional test.
(d) In addition to the tests to be carried out pursuant to Section 7.3(b), if the Power Purchaser believes that the Back-Up Metering System is inaccurate it shall inform the Company, requesting that the Back-Up Metering System’s accuracy be tested, and the Company shall test the Back-Up Metering System within a reasonable time. If the Company believes that the Back-Up Metering System is inaccurate it shall inform the Power Purchaser, and the Company shall test the Back-Up Metering System within a reasonable time. The Company shall give the Power Purchaser no less than forty-eight (48) hours notice of such tests and the Power Purchaser shall have the right to witness such tests, as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Power Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection and/or adjustment. The Power Purchaser shall bear the cost of such additional test requested by it, unless the test indicates that the Back-Up Metering System is inaccurate by more than one-half of one percent (0.5%), in which case the Company shall bear the cost of the additional test.
Appears in 1 contract
Samples: Power Purchase Agreement
Testing of Metering System. (a) The Seller shall test the accuracy of each of the Metering System and the Back-Up Metering SystemSystem and, and if necessary necessary, calibrate or recalibrate them, in accordance with Schedule 3 6 not later than the earlier of (i) thirty (30) Days after the relevant Metering System or Back-Up Metering System is installed by the Seller or (ii) the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy from the Facility Complex, as the case may be, that is to be paid for by the Purchaser pursuant to this Agreement. Thereafter, the Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Net Delivered Energy from the Metering System and the Back-Back- Up Metering System differ by an amount greater than twoone-tenths fifth of one percent (0.2%). In such eventuality, the Purchaser and the Seller together shall test the accuracy of the Metering System and the Back-Up Metering System and recalibrate the Metering System and/or Back-Up Metering System, if necessary. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of, or adjustment to, the Metering System or the Back-Up Metering System; provided that if the Seller’s representative fails to attend such test, inspection, or adjustment, Seller shall be deemed to have waived its right to attend and observe that test, inspection, and/or adjustment.
(b) In addition to the tests to be carried out pursuant to this Section 7.3, if the either Party believes that the Metering System is inaccurate it shall inform the other Party, requesting that the Metering System and Back-Up Metering System accuracy be tested, and the Purchaser and the Seller shall test the Metering System and Back-Up Metering System within a reasonable time. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of or adjustment to the Metering System or adjustment thereof; provided that if the Seller’s representative fails to attend such tests, inspection or adjustment, such right shall be deemed to have been waived with respect to such tests, inspection and/or adjustment.
(b) Following testing and any recalibration, if necessary, and return to service of the Metering System pursuant to Section 7.3(a), the Seller shall if necessary test the accuracy of the relevant Back-Up Metering System and recalibrate the relevant Back-Up Metering System. The Seller shall provide the Purchaser no less than forty-eight (48) hours notice of such tests, and the Purchaser shall have the right to witness such tests as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that, if the Purchaser fails to attend such tests, inspection or adjustment, such right shall be deemed to have been waived with respect to such tests, inspection and/or adjustment.
(c) In addition to the tests to be carried out pursuant to Section 7.3(a), if the Seller believes that the Metering System is inaccurate it shall inform the Purchaser, requesting that the Metering System’s accuracy be tested, and the Purchaser and the Seller shall test the Metering System within reasonable time. If the Purchaser believes that the Metering System is inaccurate it shall inform the Seller, and the Purchaser and the Seller shall test the Metering System within reasonable time. The Purchaser shall provide the Seller no less than forty-eight (48) hours notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of the Metering System or adjustment thereof; provided that if the Seller fails to attend such tests, inspection or adjustment, Seller such right shall be deemed to have been waived its right with respect to attend and observe that testsuch tests, inspection, inspection and/or adjustment. The Seller shall bear the cost of such additional tests requested by it, unless the test indicates that the Metering System is inaccurate by more than two-tenths one- fifth of one percent (0.2%) in which case, the Purchaser shall bear the cost of the additional tests.
(d) In addition to the tests to be carried out pursuant to Section 7.3(b), if the Purchaser believes that the Back-Up Metering System is inaccurate it shall inform the Seller, requesting that the Back-Up Metering System’s accuracy be tested, and the Seller shall test the Back-Up Metering System within reasonable time. If the Seller believes that the Back-Up Metering System is inaccurate it shall inform the Purchaser, and the Seller shall test the Back-Up Metering System within reasonable time. The Seller shall provide the Purchaser no less than forty-eight (48) hours notice of such tests, and the Purchaser shall have the right to witness such tests as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such tests, inspection and/or adjustment. The Purchaser shall bear the cost of such additional tests requested by it, unless the test indicates that the Back-Up Metering System is inaccurate by more than one-fifth of one percent (0.2%) in which case the Seller shall bear the cost of the additional tests.
Appears in 1 contract
Samples: Energy Purchase Agreement
Testing of Metering System. (a) The Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System, and in the presence of the Purchaser, and, if necessary necessary, calibrate or recalibrate them, in accordance with Schedule 3 6 not later than the earlier of (i) thirty (30) Days after the relevant Metering System or Back-Up Metering System is installed by the Seller or (ii) the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy from the Facility that is to Complex, as the case may be. The cost of testing the Metering System and the Back-Up Metering System shall be paid for borne by the Seller. The Seller shall be given not less than forty-eight (48) hours’ notice of all tests of the Meter and the Back-Up Meter carried out by the Purchaser pursuant and shall have the right to this Agreementwitness such tests, as well as any inspection of the Meter and the Back-Up Meter or adjustments thereof; provided that if the Seller representative fails to attend such tests, inspection or adjustment, such right shall have been waived with respect to such test, inspection and/or adjustment. The Purchaser shall be given not less than forty-eight (48) hours’ notice of all tests of the Allied Metering Equipment and the Allied Back-Up Metering Equipment carried out by the Seller and shall have the right to witness such tests, as well as any inspection of the Allied Metering Equipment and the Allied Back-Up Metering Equipment or adjustments thereof. Thereafter, the Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Net Delivered Energy from the Metering System and the Back-Up Metering System differ by an amount greater than twoone-tenths fifth of one percent (0.2%). In such eventuality, the Purchaser and the Seller together shall test the accuracy of the Metering System and the Back-Up Metering System and recalibrate the Metering System and/or Back-Up Metering System, if necessary. The Purchaser shall provide the Seller no less than forty-forty- eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of, or adjustment to, the Metering System or the Back-Up Metering System; provided that if the Seller’s representative fails to attend such test, inspection, or adjustment, Seller shall be deemed to have waived its right to attend and observe that test, inspection, and/or adjustment.
(b) In addition to the tests to be carried out pursuant to this Section 7.3, if the either Party believes that the Metering System is inaccurate it shall inform the other Party, requesting that the Metering System and Back-Up Metering System accuracy be tested, and the Purchaser and the Seller shall test the Metering System and Back-Up Metering System within a reasonable time. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance hours’ notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of or adjustment to the Metering System or Back-Up Metering Systemadjustment thereof; provided that if the Seller Seller’s representative fails to attend such tests, inspection or adjustment, such right shall be deemed to have been waived with respect to such tests, inspection and/or adjustment.
(b) Following testing and any recalibration, if necessary, and return to service of the Metering System pursuant to Section 7.3(a), the Seller shall have waived its right to attend if necessary test the accuracy of the relevant Allied Metering Equipment and observe that test, inspection, and/or adjustmentAllied Back-Up Metering Equipment and recalibrate the relevant Allied Metering Equipment and Allied Back-Up Metering Equipment. The Seller shall bear provide the cost Purchaser no less than forty-eight (48) hours’ notice of such tests, and the Purchaser shall have the right to witness such tests requested by itas well as any inspection of the Allied Metering Equipment and Allied Back-Up Metering Equipment or adjustment thereof. Following testing and any recalibration, unless the test indicates that if necessary, and return to service of the Metering System is inaccurate by more than two-tenths of one percent (0.2%) in which casepursuant to Section 7.3(a), the Purchaser shall bear if necessary, test the cost accuracy of the tests.relevant Meter and Back-Up Meter and recalibrate the relevant Meter and Back-Up Meter. The Purchaser shall provide the Seller no less than forty-eight
Appears in 1 contract
Samples: Energy Purchase Agreement
Testing of Metering System. (a) The Seller shall test the accuracy of each of the Metering System and the Back-Up Metering SystemSystem and, and if necessary necessary, calibrate or recalibrate them, in accordance with Schedule 3 6 not later than the earlier of (i) thirty (30) Days after the relevant Metering System or Back-Up Metering System is installed by the Seller or (ii) the Day before the date of first delivery to the Interconnection Point of any Net Delivered Energy from the Facility Complex, as the case may be, that is to be paid for by the Purchaser pursuant to this Agreement. Thereafter, the Purchaser and the Seller shall test the accuracy of each of the Metering System and the Back-Up Metering System at any time that the readings of Net Delivered Energy from the Metering System and the Back-Up Metering System differ by an amount greater than twoone-tenths fifth of one percent (0.2%). In such eventuality, the Purchaser and the Seller together shall test the accuracy of the Metering System and the Back-Up Metering System and recalibrate the Metering System and/or Back-Up Metering System, if necessary. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of, or adjustment to, the Metering System or the Back-Up Metering System; provided that if the Seller’s representative fails to attend such test, inspection, or adjustment, Seller shall be deemed to have waived its right to attend and observe that test, inspection, and/or adjustment.
(b) In addition to the tests to be carried out pursuant to this Section 7.3, if the either Party believes that the Metering System is inaccurate it shall inform the other Party, requesting that the Metering System and Back-Up Metering System accuracy be tested, and the Purchaser and the Seller shall test the Metering System and Back-Up Metering System within a reasonable time. The Purchaser shall provide the Seller no less than forty-eight (48) hours advance notice of such tests, and the Seller shall have the right to witness such tests as well as any inspection of or adjustment to the Metering System or adjustment thereof; provided that if the Seller’s representative fails to attend such tests, inspection or adjustment, such right shall be deemed to have been waived with respect to such tests, inspection and/or adjustment.
(b) Following testing and any recalibration, if necessary, and return to service of the Metering System pursuant to Section 7.3(a), the Seller shall test the accuracy of the relevant Back-Up Metering System and recalibrate the relevant Back-Up Metering System if necessary. The Seller shall give the Purchaser no less than forty-eight (48) hours notice of such tests and the Purchaser shall have the right to witness such tests, as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection and/or adjustment.
(c) In addition to the tests to be carried out pursuant to Section 7.3(a), if the Seller believes that the Metering System is inaccurate it shall inform the Purchaser requesting that the Metering System’s accuracy be tested, and the Purchaser and the Seller shall test the Metering System within a reasonable time. The Purchaser shall give the Seller no less than forty eight (48) hours notice of such tests and the Seller shall have the right to witness such tests, as well as any inspection of the Metering System or adjustment thereof; provided that if the Seller fails to attend such tests, inspection or adjustment, Seller adjustment such right shall have been waived its right with respect to attend and observe that such test, inspection, inspection and/or adjustment. The Seller shall bear the cost of such tests requested by it, additional test unless the test indicates that the Metering System is inaccurate by more than twoone-tenths fifth of one percent (0.2%) ), in which case, case the Purchaser shall bear the cost of the additional test.
(d) In addition to the tests to be carried out pursuant to Section 7.3(b), if the Purchaser believes that the Back-Up Metering System is inaccurate it shall inform the Seller requesting that the Back-up Metering System’s accuracy be tested, and the Seller shall test the Back-Up Metering System within a reasonable time. The Seller shall give the Purchaser no less than forty eight (48) hours’ notice of such tests and the Purchaser shall have the right to witness such tests, as well as any inspection of the Back-Up Metering System or adjustment thereof; provided that if the Purchaser fails to attend such tests, inspection or adjustment such right shall have been waived with respect to such test, inspection and/or adjustment. The Purchaser shall bear the cost of such additional test unless the test indicates that the Back-Up Metering System is inaccurate by more than one-fifth of one percent (0.2%), in which case the Seller shall bear the cost of the additional test.
Appears in 1 contract
Samples: Energy Purchase Agreement
