Common use of TESTING AND VERIFICATION Clause in Contracts

TESTING AND VERIFICATION. Performance Testing. All performance tests of the Project, including Initial Performance Test and any additional procedures and protocols related to Performance Testing as agreed between Buyer and Seller required in Appendix V (“Test Procedures”), will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. After the Initial Delivery Date and during the Delivery Term, ▇▇▇▇▇ will have the right to conduct, at Seller’s sole expense, one (1) Performance Test (“Buyer Performance Test”) each calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Seller will have a right to retest the Project with a Performance Test once each calendar year after a Buyer Performance Test (“Seller Retest”). If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is capable of delivering Distribution Services at or above 100% of the Contract Capacity, the Contract Capacity will remain the Contract Capacity; If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is not capable of delivering Distribution Services at 100% or more of the Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(vii).

TESTING AND VERIFICATION. Performance Testing. All performance tests of the Project, including Initial Performance Test and any additional procedures and protocols related to Performance Testing as agreed between Buyer and Seller required in Appendix V (“Test Procedures”), will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. After the Initial Delivery Date and during the Delivery Term, ▇▇▇▇▇ Buyer will have the right to conduct, at Seller’s sole expense, one (1) Performance Test (“Buyer Performance Test”) each calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Seller will have a right to retest the Project with a Performance Test once each calendar year after a Buyer Performance Test (“Seller Retest”). If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is capable of delivering Distribution Services at or above 100% of the Contract Capacity, the Contract Capacity will remain the Contract Capacity; If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is not capable of delivering Distribution Services at 100% or more of the Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(vii).