Examples of Tested Capacity in a sentence
The determination of the Tested Capacity shall be done by Seller.
If Buyer disputes the establishment of the Tested Capacity, as determined by Seller pursuant to this Section 3.13, in any respect, including the adjustment of the metered results to establish the Tested Capacity, the dispute shall be resolved in accordance with Article XII (Dispute Resolution).
The Tested Capacity as determined through the Seller’s Capacity Test shall be used to determine the Monthly Contract Capacities in the same manner as the Tested Capacity determined through a Seasonal Capacity Test as provided in Section 3.13(d)(ii) and (iii) and the adjustment shall be effective as of the first day of the month following the month in which the Seller’s Capacity Test occurs.
The Tested Capacity as determined through the Buyer’s Capacity Test shall be used to determine the Monthly Contract Capacity in the same manner as the Tested Capacity determined through a Seasonal Capacity Test as provided in Section 3.13(d)(ii) and (iii) and the adjustment shall be effective as of the first day of the month following the month in which the Buyer’s Capacity Test occurs.
If the Tested Capacity of the Units during a Non-Summer Month adjusted to ISO Conditions is 98% or more of the Design Capacity or the Tested Capacity of the Units during a Summer Month adjusted to Peak July Conditions is 98% of July Design Capacity (as applicable), then, subject to Section 3.13(d)(iii), the Monthly Contract Capacities shall be equal to the Contract Capacities set forth in Appendix II as of the Execution Date.