Performance Testing. (i) Prior to the Commercial Operation Date, Seller shall schedule and complete a test of the Storage Facility in accordance with the testing procedures, requirements and protocols set forth in Appendix B (a “Storage Contract Capacity Test”). Thereafter, at least once per year, Seller shall schedule and complete a Storage Contract Capacity Test in accordance with Appendix B. Buyer shall have the right to require a retest of the Storage Contract Capacity Test in accordance with Appendix B. (ii) Seller may schedule and deliver Test Energy to Buyer in accordance with the Scheduling Procedure in order to complete the Storage Contract Capacity Test prior to achievement of the Commercial Operation Date. In such case, the Parties shall coordinate in good faith to schedule deliveries of Test Energy to Buyer that minimizes the burden to each of the Parties, and Buyer shall receive the Test Energy. Buyer shall not be required to pay for the Test Energy and Seller shall pay any costs or additional expenses that are required for Buyer to receive the Test Energy, including but not limited to reimbursement for negative pricing, and any necessary capacity costs or reserves costs. (iii) Buyer shall have the right to send one or more representative(s) to witness all Storage Contract Capacity Tests, but Buyer will bear all costs, expenses and fees payable or reimbursable to its representative(s). Buyer shall pay for the Charging Energy used to charge the Storage Facility in connection with the first Storage Contract Capacity Test during any Contract Year. Any other costs of any Storage Facility Test, including costs for Charging Energy for subsequent Storage Contract Capacity Tests, shall be borne by Seller . (iv) Following each Storage Contract Capacity Test, Seller shall submit a testing report to Buyer in accordance with Appendix B, together with reasonable support data. If the actual capacity determined pursuant to a Storage Contract Capacity Test is less than the then-current Storage Contract Capacity, then the actual capacity determined pursuant to such Storage Contract Capacity Test shall become the new Storage Contract Capacity at the beginning of the day following the completion of the test for all purposes under this Agreement.
Appears in 5 contracts
Sources: Storage Capacity Agreement, Storage Capacity Agreement, Storage Capacity Agreement
Performance Testing. (i) Prior to the Commercial Operation Date, Seller shall schedule and complete a test of the Storage Facility in accordance with the testing procedures, requirements and protocols set forth in Appendix B (a “Storage Contract Capacity Test”). Thereafter, at least once per year, Seller shall schedule and complete a Storage Contract Capacity Test in accordance with Appendix B. Buyer shall have the right to require a retest of the Storage Contract Capacity Test in accordance with Appendix B.B.
(ii) Seller may schedule and deliver Test Energy to Buyer in accordance with the Scheduling Procedure in order to complete the Storage Contract Capacity Test prior to achievement of the Commercial Operation Date. In such case, the Parties shall coordinate in good faith to schedule deliveries of Test Energy to Buyer that minimizes the burden to each of the Parties, and Buyer shall receive the Test Energy. Buyer shall not be required to pay for the Test Energy and Seller shall pay any costs or additional expenses that are required for Buyer to receive the Test Energy, including but not limited to reimbursement for negative pricing, and any necessary capacity costs or reserves costs.costs.
(iii) Buyer shall have the right to send one or more representative(s) to witness all Storage Contract Capacity Tests, but Buyer will bear all costs, expenses and fees payable or reimbursable to its representative(s). Buyer shall pay for the Charging Energy used to charge the Storage Facility in connection with the first Storage Contract Capacity Test during any Contract Year. Any other costs of any Storage Facility Test, including costs for Charging Energy for subsequent Storage Contract Capacity Tests, shall be borne by Seller .
(iv) Following each Storage Contract Capacity Test, Seller shall submit a testing report to Buyer in accordance with Appendix B, together with reasonable support data. If the actual capacity determined pursuant to a Storage Contract Capacity Test is less than the then-current Storage Contract Capacity, then the actual capacity determined pursuant to such Storage Contract Capacity Test shall become the new Storage Contract Capacity at the beginning of the day following the completion of the test for all purposes under this Agreement.Agreement.
Appears in 2 contracts
Sources: Storage Capacity Agreement, Storage Capacity Agreement