Examples of Guaranteed PV Plant Capacity in a sentence
In addition, if pursuant to Successfully Run PV Plant Capacity Tests, Seller achieves the Minimum PV Plant Capacity but fails to achieve the Guaranteed PV Plant Capacity, subject to any retest procedures and other remedies set forth in the Agreement, then Seller shall pay, as set forth in the Agreement, the Initial PV Plant Capacity Liquidated Damages, if any, and the Final PV Plant Capacity Liquidated Damages, if any.
After achieving Project Substantial Completion, Seller may, at its option and sole cost and expense, continue to attempt to achieve the Guaranteed PV Plant Capacity until the date that is ninety (90) Days after the Guaranteed Project Substantial Completion Date (such period, the “Capacity Test Cure Period”).
Seller agrees that if, based on the Initial PV Plant Capacity Test, the result of the Initial PV Plant Capacity Test (as adjusted by the AEP Adjustment Factor) shall have failed to equal or exceed the Guaranteed PV Plant Capacity, Seller shall pay an amount equal to the Initial PV Plant Capacity Liquidated Damages to Purchaser upon Project Substantial Completion.
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With respect to each Performance Test, if Seller achieves the Minimum Performance Test Requirements pursuant to such Successfully Run Performance Test but cannot achieve the Guaranteed PV Plant Capacity, in the case of a PV Plant Capacity Test, Seller shall pay to Purchaser the related liquidated damages as and when required under Article 15.
With respect to each Performance Test, if Seller achieves the Minimum Performance Test Requirements pursuant to such Successfully Run Performance Test but cannot achieve the Guaranteed XXXX XX Efficiency, in the case of a XXXX XX Efficiency Test, the Guaranteed XXXX Storage Capacity, in the case of a XXXX Storage Capacity Test, the Guaranteed PV Plant Capacity, in the case of a PV Plant Capacity Test, Seller shall pay to Purchaser the related liquidated damages as and when required under Article 15.
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After achieving Project Substantial Completion, Seller may, at its option and sole cost and expense, continue to attempt to achieve the Guaranteed PV Plant Capacity and Guaranteed XXXX Storage Capacity until the date that is ninety (90) Days after the Guaranteed Project Substantial Completion Date (such period, the “Capacity Test Cure Period”).
If and when Xxxxxx considers that the Work has achieved Final Completion, Seller shall certify the same to Buyer in writing by delivering a certificate substantially in the form of Exhibit BB (the “Final Completion Certificate”) signed by 51 NTD: Insert an amount equal to $1,500,000 per 100 MW(AC) of Guaranteed PV Plant Capacity (pro rated).