Completed Performance Tests Clause Samples

Completed Performance Tests. By the report described in Section 6.3.1, 6.5.1.1 or 6.6.2 hereof, Contractor may declare any Performance Test completed in accordance with Section 6.2.1 above to be a Completed Performance Test if and only if during such tests the operation of the Facility complies with all Applicable Laws, Applicable Permits, the Electrical Interconnection Requirements, the PPA Operating Requirements (in the event and to the extent applicable to such testing operations) and the Guaranteed Emissions Limits (which compliance with Applicable Laws, Applicable Permits or Guaranteed Emissions Limits may be based upon a permanent waiver, the terms and conditions of which are acceptable to Owner in its reasonable discretion, PROVIDED that Contractor obtains (at Contractor's sole expense and effort, but with Owner's reasonable assistance) such permanent waiver); PROVIDED, FURTHER, that unless otherwise approved by Owner as set forth in the following sentence, the operation of the Facility shall not constitute a Completed Performance Test hereunder if such compliance with Applicable Laws, Applicable Permits and other required emission standards is based upon a temporary waiver or variance or other temporary grace period, rather than based on demonstrated compliance with all such Applicable Laws, Applicable Permits and other required emission standards that the Facility will have to be capable of complying with on a long term basis. Owner shall not unreasonably withhold or delay its approval of a Completed Performance Test being based upon a temporary waiver, variance or grace period as set forth in the second proviso to the preceding sentence in the event that Contractor demonstrates to the satisfaction of Owner and the Independent Engineer that the Facility will be capable of complying with such long-term requirements prior to the time at which such temporary waiver, variance or grace period may expire; PROVIDED, FURTHER, that Owner may require as a condition to any approval under such proviso that, among other things, (i) Final Acceptance shall not be deemed to be achieved hereunder until such time as such long term compliance is demonstrated and (ii) Provisional Acceptance Late Completion Payments under Section 7.2 hereof shall recommence if and for so long as the operation of the Facility is restricted below its demonstrated Performance Guarantee levels as a result of the expiration of or other change in any such temporary waiver or variance or other temporary grace period.