Right to Request Capacity Check Test Clause Samples
The Right to Request Capacity Check Test clause grants one party the ability to require a formal assessment of another party’s ability to perform under the contract, typically in terms of technical, operational, or financial capacity. In practice, this means that if there are concerns about a party’s ability to deliver goods, services, or meet obligations, the requesting party can initiate a test or review to verify capability. This clause serves to protect parties from potential non-performance by allowing early detection of issues, thereby reducing risk and ensuring that contractual commitments can be reliably fulfilled.
Right to Request Capacity Check Test. (i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).
(ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed Draft +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours.
(iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) th...
Right to Request Capacity Check Test.
(i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season per Contract Year, to require the Supplier in respect of any Must-Offer Facility, within five (5) Business Days after written notice has been delivered to the Supplier, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window (the “Capacity Check Test”), at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to produce at least one hundred percent (100%) of the Reference Seasonal ICAP, as described below.
(ii) The Buyer shall at least five (5) Business Days prior to the Capacity Check Test, deliver a written notice to the Supplier informing the Supplier of the test window for the Capacity Check Test, which shall be any five (5) consecutive Business Day period of any calendar month (the “Capacity Check Test Window”).
(iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the ▇▇▇▇▇, acting reasonably. Each Capacity Check Test consists of the Facility generating Electricity for:
(A) at least forty-eight (48) continuous five (5) minute intervals during Qualifying Hours, if the Duration Capability of the Must-Offer Facility is greater than four (4) hours; and
(B) at least twelve (12) continuous five (5) minute intervals during Qualifying Hours, if the Duration Capability of the Must-Offer Facility is less than four (4) hours, during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Reference Seasonal ICAP, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.
Right to Request Capacity Check Test. If the Buyer has a reasonable basis to believe that the Facility may not be capable of sustaining the Contract Capacity using either RFO or Gas and gives the Supplier written notice setting out such reasonable basis, the Buyer shall have the right, exercisable on no more than two