Common use of 1Capacity Clause in Contracts

1Capacity. Buyer shall have the exclusive right to the Contract Capacity of the Project. As of the Effective Date, the Contract Capacity shall equal the Expected Contract Capacity of the Project, without adjustment for temperature, pressure, humidity or other adjustment factors. The actual Contract Capacity of the Project and each Energy Storage System will be determined upon the completion of the Commercial Operation Test and Contract Capacity Test for the Project and each year of the Delivery Period in accordance with the testing procedures of Sections 7.2 and 7.3, as applicable. Such tests will demonstrate the Capacity of the Project, which shall be the Contract Capacity from and after such tests; provided, that in no event shall the Contract Capacity of the Project (i) exceed PMAX for the Project (i.e. the Contract Capacity shall be limited to PMAX until such time as Seller gets PMAX increased to the tested Contract Capacity), (ii) exceed the Qualified RA Capacity or the Qualified Flexible RA Capacity (without giving effect to any Change in RA Law occurring after the Effective Date), whichever is lower, nor (iii) exceed the Energy Storage System’s Expected Contract Capacity as identified in Appendix 1.1.1. Seller agrees that the Energy Storage System is subject to the terms of the Availability Standards.

1Capacity. Buyer shall have the exclusive right to the Contract Capacity of the Project. As of the Effective Date, the Contract Capacity shall equal the Expected Contract Capacity of the Project, without adjustment for temperature, pressure, humidity or other adjustment factors. The actual Contract Capacity of the Project and each Energy Storage System will be determined upon the completion of the Commercial Operation Test and Contract Capacity Test for the Project and each year of the Delivery Period in accordance with the testing procedures of Sections 7.2 and 7.3, as applicable. Such tests will demonstrate the Capacity of the Project, which shall be the Contract Capacity from and after such tests; provided, that in no event shall the Contract Capacity of the Project (i) exceed PMAX for the Project (i.e. the Contract Capacity shall be limited to PMAX until such time as Seller gets PMAX increased to the tested Contract Capacity), (ii) exceed the Qualified [NOTE - based on bid: system RA Capacity or the Qualified Flexible quantity, local RA Capacity (without giving effect to any Change in quantity and flex RA Law occurring after the Effective Date), whichever is lowerquantity], nor (iii) exceed the Energy Storage System’s Expected Contract Capacity as identified in Appendix 1.1.1. Seller agrees that the Energy Storage System is subject to the terms of the Availability Standards.