Storage Capacity Tests Clause Samples
The Storage Capacity Tests clause defines the procedures and criteria for verifying that a system or equipment meets specified storage requirements. Typically, this involves conducting tests to measure the actual storage capacity under operational conditions, ensuring it aligns with contractual or technical specifications. For example, a supplier may be required to demonstrate that a data storage device can reliably hold a minimum amount of data before acceptance. This clause ensures that the delivered product fulfills the agreed-upon storage capabilities, thereby reducing the risk of performance shortfalls and disputes over capacity.
Storage Capacity Tests. (a) Prior to the Commercial Operation Date, Seller shall schedule and complete one or more Storage Capacity Tests in accordance with Exhibit P. Thereafter, at least once per Contract Year, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit P. PacifiCorp shall have the right to run a retest of the Storage Capacity Test in accordance with Exhibit P. Seller shall have the right to run one or more retests of the Storage Capacity Test in accordance with Exhibit P.
(b) PacifiCorp shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. PacifiCorp shall be responsible for all costs and expenses payable or reimbursable to its representative(s) witnessing any Storage Capacity Test. All other costs of any Storage Capacity Test shall be borne by Seller (other than any third party costs incurred by Seller for any retest required by PacifiCorp, unless such retest shall result in the Storage Capacity Rating being reduced from the Storage Capacity Rating established by the immediately preceding Storage Capacity Test, in which case Seller shall be responsible for such costs).
(c) Following each Storage Capacity Test, Seller shall submit a testing report to PacifiCorp in accordance with Exhibit P and reasonable support data requested by PacifiCorp. If the actual capacity determined pursuant to a Storage Capacity Test is less than the then current Storage Capacity Rating, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Storage Capacity Rating at the beginning of the day following the completion of the test for all purposes under this Agreement until a new Storage Capacity Rating is determined pursuant to a subsequent Storage Capacity Test. In no event shall Storage Capacity Tests be performed more frequently than monthly. If the actual capacity determined pursuant to a Storage Capacity Test is more than the then current Storage Capacity Rating, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Storage Capacity Rating at the beginning of the day following the completion of the test for all purposes under this Agreement until a new Storage Capacity Rating is determined pursuant to a subsequent Storage Capacity Test, provided in no even shall the Storage Capacity Rating be greater than Storage Capacity Rating set forth in the Expected Storage Requirements.
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(a) Prior to the Commercial Operation Date, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit O. Thereafter, Seller and Buyer shall have the right to run retests of the Storage Capacity Test in accordance with Exhibit O.
(b) Buyer shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. Such representative(s) shall not interfere with the Storage Capacity Tests. Buyer shall be responsible for all costs, expenses and fees payable or reimbursable to its representative(s) witnessing any Storage Capacity Test. Other than as may be agreed pursuant to Section 3.13, all other costs of any Storage Capacity Test shall be borne by Seller.
(c) Following each Storage Capacity Test, Seller shall submit a testing report in accordance with Exhibit O. If the actual capacity determined pursuant to a Storage Capacity Test is less than the then current Storage Contract Capacity, then the actual capacity determined pursuant to a Storage 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, including compensation under Exhibit C, until the next such Storage Capacity Test.
Storage Capacity Tests. Prior to the Commercial Operation Date, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit O. Thereafter, Seller and Buyer shall have the right to run additional Storage Capacity Tests in accordance with Exhibit O. Buyer shall have the right to send one or more representative(s) to witness all Storage Capacity Tests. Buyer shall be responsible for all costs, expenses and fees payable or reimbursable to its representative(s) witnessing any Storage Capacity Test. Except as otherwise specified in Exhibit O, all other costs or revenues associated with any Storage Capacity Test shall be borne by, or accrue to, Seller, as applicable. Following each Storage Capacity Test, Seller shall submit a testing report in accordance with Exhibit O. The Storage Contract Capacity and Efficiency Rate determined pursuant to a Storage Capacity Test shall become the new Storage Contract Capacity and/or Efficiency Rate, at the beginning of the day following the completion of the test for all purposes under this Agreement, including compensation under Exhibit C.
Storage Capacity Tests. Prior to the Commercial Operation Date, Seller shall schedule and complete a Commercial Operation Storage Capacity Test in accordance with Exhibit O. Thereafter, Seller and Buyer shall have the right to run additional Storage Capacity Tests in accordance with Exhibit O.
(i) Buyer shall have the right to send one or more representative(s) to witness all Storage Capacity Tests.
(ii) Following each Storage Capacity Test, Seller shall submit a testing report in accordance with Exhibit O. If the actual capacity determined pursuant to a Storage Capacity Test varies from the then-current Effective Storage Capacity, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Effective Storage Capacity at the beginning of the day following the completion of the test for all purposes under this Agreement.
Storage Capacity Tests.
a. As of the Commercial Operation Date for the applicable Storage Project, Seller shall schedule and complete a Storage Capacity Test. Thereafter, Seller and Purchaser shall have the right to run retests of the Storage Capacity Test.
i. Commercial Operation Date Storage Capacity Test. Upon no less than ten Business Days’ prior notice to Purchaser, Seller shall schedule and complete the initial Storage Capacity Test on the applicable Commercial Operation Date. Such initial Storage Capacity Test shall be performed in accordance with the provisions of this Exhibit 4 and shall establish the initial Storage Contract Capacity hereunder based on the actual capacity of the Storage Project determined by such Storage Capacity Test.
Storage Capacity Tests. Prior to the Commercial Operation Date, Seller shall schedule and complete a Storage Capacity Test in accordance with Exhibit O. Thereafter, Seller and Buyer shall have the right to run additional Storage Capacity Tests in accordance with Exhibit O. Any testing of the Facility requested by ▇▇▇▇▇ after the Commercial Operation Date shall be deemed Buyer-instructed dispatches of the Facility (“Buyer Dispatched Test”). Any test of the Facility that is not a Buyer Dispatched Test, including all tests conducted prior to Commercial Operation, all required annual tests pursuant to Section B (“Subsequent Storage Capacity Tests”) in Exhibit O, any Storage Capacity Test conducted if the Storage Contract Capacity immediately prior to such Storage Capacity Test is below seventy-five percent (75%) of the Storage Contract Capacity set forth on the Cover Sheet, any test required by CAISO (including any test required to maintain CAISO Certification), and other Seller-requested discretionary tests or dispatches, at times and for durations reasonably agreed to by ▇▇▇▇▇, that Seller deems necessary for purposes of reliably operating or maintaining the Facility or for re-performing a required test within a reasonable number of days of the initial required test (considering the circumstances that led to the need for a retest) shall be deemed a “