Common use of Final Capacity Check Test Clause in Contracts

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

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.‌ DraftTest.