Capacity Demonstration Test. (a) Seller shall, at Seller’s expense, cause a Capacity Demonstration Test of the Facility to be conducted at a mutually agreeable date and time, which shall be subject to the last sentence of Section 3.12(b) and no earlier than thirty (30) Days prior to the Commercial Operation Date and no later than the Commercial Operation Date, and, if not otherwise mutually agreed by the Parties prior to fifteen (15) Business Days before the anticipated Commercial Operation Date in the then-current Project Schedule, shall be (subject to the last sentence of Section 3.12(b)) ten
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