Testing of the Complex. (a) The Seller shall provide the Purchaser on an on-going basis with relevant information regarding its programme for testing the Complex and the schedule therefor. No less than thirty (30) Days prior to the commencement of such test programme, the Seller will deliver to the Purchaser in writing the final programme for testing the Complex, including the expected duration of the Seller's start-up testing programme and a tentative schedule for conducting all tests required under Sections 8.2 and 8.3. The Seller shall advise the Purchaser in writing of any changes in its final schedule for the testing programme, no less than seven (7) Days prior to the commencement of the tests required under Section 8.2. Such final schedule shall not materially increase or advance the timing of the Purchaser’s obligations under this Agreement without the prior written consent of the Purchaser. If the schedule for any test required under Sections 8.2 or 8.3 is adjusted after the Seller has provided the Purchaser with the final testing programme schedule, then the Seller shall advise the Purchaser no less than forty-eight (48) hours prior to the commencement of any such test. On each Day beginning with the Day on which testing commences, the Seller shall provide the Purchaser with a schedule of the tests to be conducted on the following Day or Days (if such test will continue for more than one (1) Day). All testing of the Complex shall satisfy the Commissioning Test criteria provided in Schedule 7. (b) (i) If the Purchaser is unable (including by reason of its failure to complete the Purchaser Interconnection Facilities in accordance with Section 6.5) to accommodate the schedule for such test or tests as provided by the Seller in the final schedule for the programme of tests pursuant to Section 8.1(a), the Purchaser will give the Seller notice within forty eight (48) hours of its receipt of the final schedule for testing of its requirements regarding deferral or delay of any Commissioning Tests for the Complex and the Parties will mutually agree on a date for any deferral test or programme of tests; provided, however, that should the Purchaser defer or delay any Commissioning Tests beyond fifteen (15) Days in aggregate from the date on which the tests were finally scheduled in accordance with Section 8.1 and such deferral causes the Scheduled Commercial Operations Date of the Complex, as certified by the Engineer under Section 8.3, to be delayed or deferred, [or
Appears in 1 contract
Sources: Energy Purchase Agreement
Testing of the Complex.
Section 8.1 Testing Programme
(a) The Seller shall provide to the Purchaser Purchaser, on an on-going basis with basis,all relevant information regarding its programme for testing the Complex and the schedule therefor. No Not less than thirty (30) [●] Days prior to the commencement of such test programme, the Seller will shall deliver to the Purchaser in writing the final testing programme for testing the Complex, including the expected duration of the Seller's start-up testing programme and a tentative schedule for conducting all tests required under Sections 8.2 and 8.3this Article VIII. The Seller shall advise the Purchaser in writing of any changes in its final schedule for the testing programme, no programme not less than seven (7) [●]Days prior to the commencement of the tests required under Section 8.2tests. Such final schedule shall not materially increase or advance the timing of the Purchaser’s obligations under this Agreement Agreement, without the prior written consent of the Purchaser. If the schedule for any test required under Sections 8.2 or 8.3 tests is adjusted after the Seller has provided the Purchaser with the final testing programme schedule, then the Seller shall advise the Purchaser no not less than forty-eight (48) [●]hours prior to the commencement of any such testtest(s). On each Day beginning with the Day on which testing commences, the Seller shall provide the Purchaser with a schedule of the tests to be conducted on the following Day or Days (if such test tests will continue for more than one (1) Day). All testing of the Complex shall satisfy the Commissioning Test and test criteria provided in Schedule 7this Article VIII.
(b) (i) If the Purchaser is unable (including by reason of its failure to complete the Purchaser Interconnection Facilities in accordance with Section 6.5) to accommodate the schedule for such test or tests the Commissioning Tests as provided by the Seller, the Seller may perform the Commissioning Tests in the final schedule for the programme of tests pursuant to Section 8.1(a), the Purchaser will give the Seller notice within forty eight (48) hours of its receipt presence of the final schedule for testing of its requirements regarding deferral or delay of any Commissioning Tests for the Complex and the Parties will mutually agree on a date for any deferral test or programme of tests; providedEngineer;provided, however, that should the Purchaser defer or delay any Commissioning Tests beyond fifteen (15) Days in aggregate from the date on which the tests were finally scheduled in accordance with Section 8.1 and such deferral or delay causes the Scheduled Commercial Operations Date of the Complex, as certified by the Engineer under Section 8.3, Complex to be delayed or deferred, [oras certified by the Engineer, then, for the entire duration of such delay, from the Scheduled Commercial Operations Date prevailing prior to such delay or deferral, the Purchaser shall pay to the Seller Monthly, in arrears, an amount equal to the Carrying Costs, plus fifty percent (50%) of the Insurance Component, plus fifty percent (50%) of the Fixed O&MLocal Component of the Energy Price multiplied by the Average Daily Energy. For each Commissioning test or Commissioning Test delayed or deferred by the Purchaser, such payments shall commence on the Scheduled Commercial Operations Date prevailing immediately prior to such delay or deferral and shall continue until the earlier of — (i) the end of a period equal to the period of delay or deferral of such Commissioning test or Commissioning Tests; and
Appears in 1 contract
Sources: Energy Purchase Agreement
Testing of the Complex. (a) The Seller shall provide the Purchaser on an on-going basis with relevant information regarding its programme for testing the Complex and the schedule therefor. No less than thirty (30) Days prior to the commencement of such test programme, the Seller will deliver to the Purchaser in writing the final programme for testing the Complex, including the expected duration of the Seller's start-up testing programme and a tentative schedule for conducting all tests required under Sections 8.2 and 8.3. The Seller shall advise the Purchaser in writing of any changes in its final schedule for the testing programme, no less than seven (7) Days prior to the commencement of the tests required under Section 8.2. Such final schedule shall not materially increase or advance the timing of the Purchaser’s obligations under this Agreement without the prior written consent of the Purchaser. If the schedule for any test required under Sections 8.2 or 8.3 is adjusted after the Seller has provided the Purchaser with the final testing programme schedule, then the Seller shall advise the Purchaser no less than forty-forty- eight (48) hours prior to the commencement of any such test. On each Day beginning with the Day on which testing commences, the Seller shall provide the Purchaser with a schedule of the tests to be conducted on the following Day or Days (if such test will continue for more than one (1) Day). All testing of the Complex shall satisfy the Commissioning Test criteria provided in Schedule 7.
(b) (i) If the Purchaser is unable (including by reason of its failure to complete the Purchaser Interconnection Facilities in accordance with Section 6.5) to accommodate the schedule for such test or tests as provided by the Seller in the final schedule for the programme of tests pursuant to Section 8.1(a), the Purchaser will give the Seller notice within forty eight (48) hours of its receipt of the final schedule for testing of its requirements regarding deferral or delay of any Commissioning Tests for the Complex and the Parties will mutually agree on a date for any deferral test or programme of tests; provided, however, that should the Purchaser defer or delay any Commissioning Tests beyond fifteen (15) Days in aggregate from the date on which the tests were finally scheduled in accordance with Section 8.1 and such deferral causes the Scheduled Commercial Operations Date of the Complex, as certified by the Engineer under Section 8.3, to be delayed or deferred, [or
Appears in 1 contract
Sources: Energy Purchase Agreement