Measurement of Water Flows and Net Head Clause Samples

Measurement of Water Flows and Net Head. (a) The Seller shall procure (at its cost), install, calibrate, test, operate and maintain, during the Term, state of the art Flow Meters described in Schedule 6. The Purchaser shall have not less than forty-eight (48) hours’ notice of the testing and calibration of the Flow Meters and shall have the opportunity to be present at such testing and calibration. The Flow Meters shall be retested and calibrated as required, and in any event not less than once in each Agreement Year. Following installation, testing and calibration of the Flow Meters, the Engineer shall certify to the Seller and the Purchaser that, in its professional opinion, the Flow Meters have been installed, tested and calibrated in accordance with, are of the make and model contemplated by, and are otherwise compliant with the relevant technical and functional specifications set out in Schedule 6. The Seller shall not be entitled to commence delivery and sale of Net Delivered Energy until the Engineer has issued such certificate. (b) The provisions of Schedule [10] shall govern in relation to the measurement of the water discharge for the purposes of this Agreement. Further, the recording, processing, analysis, reporting and archiving of the data relating to water discharge for all purposes shall be governed by the provisions of Section 5.12 and Schedule [10]. (c) If at any time following the Commercial Operations Date, more accurate or more reliable Flow Meters become available, the Seller shall, at the request of the Purchaser, promptly procure such more accurate or more reliable Flow Meters and install or have installed such new Flow Meters at the Site at an appropriate location agreed by the Parties or, failing agreement, as determined by the technical Expert pursuant to Section 18.2. The cost to the Seller of procuring and installing more accurate or more reliable Flow Meters requested by the Purchaser shall be a Pass-Through Item. (d) The Seller shall at its expense provide online and real time access to the readings of the Flow Meters to the Purchaser and/or the System Operator and the Control Centre that includes such details as agreed by the Operating Committee which in any event shall include data of the volume of water flow, gross head and the net head available at the Complex to enable the Purchaser to monitor the accuracy of the Declared Available Capacity and performance of the Complex against the Despatch Instructions and to measure and record such other metrics as required f...
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Measurement of Water Flows and Net Head. (a) On or before the Commercial Operations Date, the Company shall have installed and calibrated state-of-the-art Water Meters at the location or locations approved by the Operating Committee. The Power Purchaser shall have not less than forty-eight (48) hours notice of the testing and calibration of the Water Meters and shall have the opportunity to be present at such testing and calibration. The Water Meters shall be retested and calibrated as required, and in any event not less than once in each Agreement Year. (b) If at any time following the Commercial Operations Date, more accurate or more reliable Water Meters become available, the Company shall, at the request of the Power Purchaser, promptly procure such more accurate or more reliable Water Meters and install or have installed such new Water Meters at the Site at an appropriate location agreed by the Parties or, failing agreement, as determined by the technical Expert pursuant to Section 18.2. The cost to the Company of procuring and installing more accurate or more reliable Water Meters requested by the Power Purchaser shall be a Pass-Through Item. (c) The Company shall at its expense provide ‘read only’ meters at the Control Centre that shall display real time data of the water flow and the net head available at the Complex to enable the Power Purchaser to monitor the accuracy of the Declared Available Capacity by the Company. It is, however, recognized that the meters for measurement of water flows may have an error of ± 5% and the meters for measuring the net head may have an error of ± 2% and such errors would be taken into account while calculating the liquidated damages if and when they become applicable as per Section 9.6
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