Power Curve definition
Examples of Power Curve in a sentence
The liquidated damages for failure to achieve the Power Curve Guarantees and the corrective action required by this Article 18 to be taken by the Seller for deficiencies in performance shall be the Buyer’s exclusive remedies for such deficiencies.
The Parties acknowledge that the Buyer shall suffer damages that will be difficult to ascertain if the Seller fails to achieve the Power Curve Guarantee.
If the corrective action taken pursuant to item (a) above includes any adjustment to controls or operating parameters, the Buyer shall have the right to request the Seller to re-test the Power Curve Guarantee with respect to the relevant Units, in which case the provisions of Article 18 shall be applicable.
The Seller’s aggregate liability under this Article 18 for liquidated damages for failure to achieve the Power Curve Guarantee shall not exceed *** percent (***%) of the Purchase Order Price for the relevant Project.
If at the first re-test the Nominated Units fail to meet the Power Curve Guarantee, the Seller shall be permitted reasonable access to the Nominated Units to perform adjustments and may at its option and expense perform additional tests at intervals of no less than three (3) months until the end of the Warranty Period or until a subsequent test of the Nominated Units shows that they meet the Power Curve Guarantee.
To demonstrate that the Power Curve Guarantee has been fulfilled, the Buyer may elect at its own expense to cause the Units identified by the Buyer prior to the Commercial Operation of the first Unit (the “Nominated Units” as described in further detail in Appendix A, Technical Specifications) to be tested by an independent engineer reasonably acceptable to the Seller.
During the first Contract Year, the Seller shall collect data to create a Measured Power Curve for each WTG that will be used for the remainder of the Initial Term to calculate the Expected Generation.
To develop the Measured Power Curve for each WTG, Seller shall use data for such WTG during periods when such WTG is in the operational state categorized as CTH excluding periods where the WTG’s operational state is categorized as ERSDTH, EFDTH, EMPTH, EPDTH, oEFDTH, oMPTH, oEPDTH, or Environmental Derate.
If the aforementioned required minimums of sampled data are not available, Seller and Company may agree in writing upon a smaller data set to calculate the Measured Power Curve.
Except as necessary to satisfy the foregoing requirements of this Section 4 (Determination of Measured Power Curve) of this Attachment Q (Calculation of Certain Metrics), the Measured Power Curve shall be calculated in a manner consistent with Clause 8.1 and Clause 8.2 of IEC ▇▇▇▇▇-▇▇-▇.