Final Capacity Check Test Clause Samples
Final Capacity Check Test. If Section 15.6(f) is applicable, then the Supplier shall perform a further Capacity Check Test (the “Final Capacity Check Test”) at the Supplier’s cost and expense within ten (10) Business Days after written notice has been delivered by the Supplier to the Buyer, no earlier than one month and no later than six (6) months after the date of the Capacity Confirmation with respect to the Further Capacity Check Test, failing which this shall be considered to be a Supplier Event of Default. The Final Capacity Check Test shall take place on the same terms and conditions as the Capacity Check Test described in Section 15.6(a) and including the delivery of the Capacity Confirmation in relation to the Final Capacity Check Test. For clarity, any Final Capacity Check Test shall not count towards the Buyer’s option to require one (1) Capacity Check Test per Season. If the Test Capacity of the Final Capacity Check Test, as stated in the Capacity Confirmation with respect to the Final Capacity Check Test:
(i) is less than eighty-five percent (85%) of the Monthly Contract Capacity, then this shall be considered a Supplier Event of Default;
(ii) is equal or greater to eighty-five percent (85%) and less than one hundred percent (100%) of the Monthly Contract Capacity which relates to the Final Capacity Check Test, then the Capacity Reduction Factor shall, for the purposes of Exhibit J, be an amount equal to a fraction, the numerator of which is (a) the Test Capacity in relation to the Final Capacity Check Test, and the denominator of which is (b) one hundred percent (100%) of the Monthly Contract Capacity which relates to the Final Capacity Check Test; or
(iii) is equal to one hundred percent (100%) of the Monthly Contract Capacity which relates to the Final Capacity Check Test, then the Capacity Reduction Factor shall, for the purposes of Exhibit J, be an amount equal to 1.0, effective from the date of the Capacity Confirmation in relation to the Final Capacity Check Test.
Final Capacity Check Test.
(i) is less than eighty-five percent (85%) of the Monthly Contract Capacity, then this shall be considered a Supplier Event of Default;
(ii) is equal or greater to eighty-five percent (85%) and less than one hundred percent (100%) of the Monthly Contract Capacity which relates to the Final Capacity Check Test, then the Capacity Reduction Factor shall, for the purposes of Exhibit J, be an amount equal to a fraction, the numerator of which is (a) the Test Capacity in relation to the Final Capacity Check Test, and the denominator of which is (b) one hundred percent (100%) of the Monthly Contract Capacity which relates to the Final Capacity Check Test; or
(iii) is equal to one hundred percent (100%) of the Monthly Contract Capacity which relates to the Final Capacity Check Test, then the Capacity Reduction Factor shall, for the purposes of Exhibit J, be an amount equal to 1.0, effective from the date of the Capacity Confirmation in relation to the Final Capacity Check Test. Draft