Common use of Additional Commissioning Tests Clause in Contracts

Additional Commissioning Tests. (i) The Contractor shall not be entitled to carry out more than ten (10) reliability run tests of the Complex to satisfy the criteria set forth in The Commissioning and Testing Schedule for achieving the Commercial Operations Date. The Contractor shall g ive t he E mployer n ot less t han four (4) da ys not ice of e ach a dditional Commissioning Test it desires to attempt. (ii) When, sub ject t o The C ommissioning a nd Testing S chedule the C omplex h as satisfied a Commissioning Test to establish the Commercial Operations Date, the Contractor shall notify the Employer that the Contractor has designated such test as the Commissioning Test and shall set the initial Tested Capacity at the level certified in the Capacity Test Certificate; provided, however, such Tested Capacity shall e qual t he C ontract Capacity; pr ovided further, t hat t he du ration of a ny additional Commissioning Test performed solely for the purpose of establishing the initial Tested Capacity need only be long enough to satisfy the requirements of Sections 9.3 (b)(i), (ii) a nd ( iii) a fter running f or at least s eventy two ( 72) consecutive hours at maximum continuous rating. (iii) The Commercial Operations Date shall occur as of the first day after the day the Complex i s C ommissioned w hen de clared by t he C ontractor a nd s ubsequently certified in writing by the Engineer.

Additional Commissioning Tests. (i) The Contractor Seller shall not be entitled to carry out more than ten (10) reliability run tests Commissioning Tests of the Complex to satisfy the minimum criteria set forth in The Commissioning and Testing Schedule 7 for achieving the Commercial Operations Date; provided, that no Commissioning Test undertaken by the Seller shall be counted against such ten (10) Commissioning Tests if the Seller is prevented from completing the test due to a reason attributable to the Purchaser, a Non-Project Event, a Force Majeure Event or non-availability of water within the Technical Limits. The Contractor Seller shall g ive t he E mployer n ot give the Purchaser not less t han four than three (43) da ys not ice Days notice of e ach a dditional each additional Commissioning Test it desires to attempt. (ii) . When, sub ject t o The C ommissioning a nd Testing S chedule subject to Section 2.9(b), the C omplex h as Complex has satisfied a Commissioning Test to establish the Commercial Operations Date, the Contractor Seller shall notify the Employer Purchaser that the Contractor Seller has designated such test as the Commissioning Test and shall shall, subject to Section 2.9(b), set the initial Tested Contract Capacity at the level certified in the Capacity Test Certificate; provided, however, such Tested tested Capacity shall e qual t he C ontract equal the Contract Capacity; pr ovided provided further, t hat t he du ration that the duration of a ny any additional Commissioning Test performed solely for the purpose of establishing the initial Tested Contract Capacity need only be long enough to satisfy the requirements of Sections 9.3 (b)(iSection 8.3(b)(i), (ii) a nd ( and (iii) a fter after running f or for at least s eventy seventy two ( (72) consecutive hours at maximum continuous rating. (iii) . The Commercial Operations Date shall occur as of the first day Day after the day Day the Complex i s C ommissioned w hen de clared is Commissioned when declared by t he C ontractor a nd s ubsequently the Seller and certified in writing by the Engineer.

Additional Commissioning Tests. (i) The Contractor Company shall not be entitled to carry out more than ten (10) reliability run tests Commissioning Tests of the Complex to satisfy the minimum criteria set forth in The Commissioning and Testing Schedule 7 for achieving the Commercial Operations Date; provided, that no Commissioning Test undertaken by the Company shall be counted against such ten (10) Commissioning Tests if the Company is prevented from completing the test due to a reason attributable to any event or circumstance described in Section 5.4(d). The Contractor Company shall g ive t he E mployer n ot give the Power Purchaser and NTDC not less t han four than three (43) da ys not ice Days notice of e ach a dditional each additional Commissioning Test it desires to attempt. (ii) When, sub ject t o The C ommissioning a nd Testing S chedule subject to Section 2.9(b), the C omplex h as Complex has satisfied a Commissioning Test to establish the Commercial Operations Date, the Contractor Company shall notify the Employer Power Purchaser and NTDC that the Contractor Company has designated such test as the Commissioning Test and shall set the initial Tested Capacity at the level certified in the Capacity Test Certificate; provided, however, that such Tested Capacity shall e qual t he C ontract equal the Contract Capacity; pr ovided provided further, t hat t he du ration that the duration of a ny any additional Commissioning Test performed solely for the purpose of establishing the initial Tested Capacity need only be long enough to satisfy the requirements of Sections 9.3 (b)(i8.3(b)(i), (ii) a nd ( and (iii) a fter after running f or for at least s eventy seventy two ( (72) consecutive hours at maximum continuous rating. (iii) The Commercial Operations Date shall occur and Capacity Payments shall commence as of the first day Day after the day Day the Complex i s C ommissioned w hen de clared is Commissioned when declared by t he C ontractor a nd s ubsequently the Company and subsequently certified in writing by the Engineer.

Additional Commissioning Tests. (i) The Contractor Company shall not be entitled to carry out more than ten (10) reliability run tests Commissioning Tests of the Complex to satisfy the minimum criteria set forth in The Commissioning and Testing Schedule 7 for achieving the Commercial Operations Date; provided, that no Commissioning Test undertaken by the Company shall be counted against such ten (10) Commissioning Tests if the Company is prevented from completing the test due to a reason attributable to the Power Purchaser or a circumstance described in Section 5.4(d). The Contractor Company shall g ive t he E mployer n ot give the Power Purchaser not less t han four than three (43) da ys not ice Days notice of e ach a dditional each additional Commissioning Test it desires to attempt. (ii) When, sub ject t o The C ommissioning a nd Testing S chedule subject to Section 2.9(b), the C omplex h as Complex has satisfied a Commissioning Test to establish the Commercial Operations Date, the Contractor Company shall notify the Employer Power Purchaser that the Contractor Company has designated such test as the Commissioning Test and shall set the initial Tested Capacity at the level certified in the Capacity Test Certificate; provided, however, such Tested Capacity shall e qual t he C ontract equal the Contract Capacity; pr ovided provided further, t hat t he du ration that the duration of a ny any additional Commissioning Test performed solely for the purpose of establishing the initial Tested Capacity need only be long enough to satisfy the requirements of Sections 9.3 (b)(iSection 8.3(b)(i), (ii) a nd ( and (iii) a fter after running f or for at least s eventy seventy two ( (72) consecutive hours at maximum continuous rating. (iii) The Commercial Operations Date shall occur and Capacity Payments shall commence as of the first day Day after the day Day the Complex i s C ommissioned w hen de clared is Commissioned when declared by t he C ontractor a nd s ubsequently the Company and subsequently certified in writing by the Engineer.

Additional Commissioning Tests. (i) The Contractor Company shall not be entitled to carry out more than ten (10) reliability run tests Commissioning Tests of the Complex to satisfy the minimum criteria set forth in The Commissioning and Testing Schedule 7 for achieving the Commercial Operations Date; provided, that no Commissioning Test undertaken by the Company shall be counted against such ten (10) Commissioning Tests if the Company is prevented from completing the test due to a reason attributable to any event or circumstance described in Section 5.4(d). The Contractor Company shall g ive t he E mployer n ot give the Power Purchaser no less t han four than three (43) da ys not ice Days notice of e ach a dditional each additional Commissioning Test it desires to attempt. (ii) When, sub ject t o The C ommissioning a nd Testing S chedule subject to Section 2.9(b), the C omplex h as Complex has satisfied a Commissioning Test to establish the Commercial Operations Date, the Contractor Company shall notify the Employer Power Purchaser that the Contractor Company has designated such test as the Commissioning Test and shall set the initial Tested Capacity at the level certified in the Capacity Test Certificate; provided, however, such Tested Capacity shall e qual t he C ontract equal the Contract Capacity; pr ovided provided further, t hat t he du ration that the duration of a ny any additional Commissioning Test performed solely for the purpose of establishing the initial Tested Capacity need only be long enough to satisfy the requirements of Sections 9.3 (b)(i8.3(b)(i), (ii) a nd ( and (iii) a fter after running f or for at least s eventy seventy two ( (72) consecutive hours at maximum continuous rating. (iii) The Commercial Operations Date shall occur and Capacity Payments shall commence as of the first day Day after the day Day the Complex i s C ommissioned w hen de clared is Commissioned when declared by t he C ontractor a nd s ubsequently the Company and subsequently certified in writing by the Engineer.

Additional Commissioning Tests. (i) The Contractor Seller shall not be entitled to carry out more than ten (10) reliability run tests Commissioning Tests of the Complex to satisfy the minimum criteria set forth in The Commissioning and Testing Schedule 7 for achieving the Commercial Operations Date; provided, that no Commissioning Test undertaken by the Seller shall be counted against such ten (10) Commissioning Tests if the Seller is prevented from completing the test due to a reason attributable to the Purchaser, a Non-Project Event, a Force Majeure Event or non-availability of water within the Technical Limits. The Contractor Seller shall g ive t he E mployer n ot give the Purchaser not less t han four than three (43) da ys not ice Days notice of e ach a dditional each additional Commissioning Test it desires to attempt. (ii) When, sub ject t o The C ommissioning a nd Testing S chedule subject to Section 2.9(b), the C omplex h as Complex has satisfied a Commissioning Test to establish the Commercial Operations Date, the Contractor Seller shall notify the Employer Purchaser that the Contractor Seller has designated such test as the Commissioning Test and shall shall, subject to Section 2.9(b), set the initial Tested Contract Capacity at the level certified in the Capacity Test Certificate; provided, however, such Tested tested Capacity shall e qual t he C ontract equal the Contract Capacity; pr ovided provided further, t hat t he du ration that the duration of a ny any additional Commissioning Test performed solely for the purpose of establishing the initial Tested Contract Capacity need only be long enough to satisfy the requirements of Sections 9.3 (b)(iSection 8.3(b)(i), (ii) a nd ( and (iii) a fter after running f or for at least s eventy seventy two ( (72) consecutive hours at maximum continuous rating. (iii) The Commercial Operations Date shall occur as of the first day Day after the day Day the Complex i s C ommissioned w hen de clared is Commissioned when declared by t he C ontractor a nd s ubsequently the Seller and certified in writing by the Engineer.