COMPLEX TESTING & GUARANTEES Clause Samples

COMPLEX TESTING & GUARANTEES. 2.1 After the initial energization of each plant and prior to the Commercial Operations Date, the Company shall carry out, or cause its Contractors to carry out the following Commissioning tests on each plant of the Complex: 2.1.1 Performance test of each [generator/plant] The Company shall carry out performance tests of each [generator/plant] to establish the capability to generate for at least six (6) cumulative hours while connected to the Grid or according to Manufacturers’ commissioning procedures and standards. The output of the [generator/plant] at current Site ambient conditions should agree with the Proposed Plant output profile at expected Site ambient conditions. 2.2 JPS shall have the right to request a repeat of any particular testing if, in its reasonable judgment, such test result is not conclusive for establishing the purpose for which the test was intended. The actual expense of any such requested additional testing shall be borne by the Company, unless such additional testing does not show a material inaccuracy with the initial testing, in which event the expense of the requested additional testing shall be borne by JPS. The results of the immediately prior test shall govern until the repeat test is completed. The results of the repeat test shall supersede the prior test for all purposes commencing on the Day following the repeat test. 2.3 Upon completion of each test specified in Sections 2.1, the Company shall promptly provide JPS and the Independent Engineer, in each case, with three (3) copies of the results of such test; provided that the Company shall submit all such test results to JPS no later than thirty (30) Days after the Commercial Operations Date. 2.4 The Complex shall be considered Commissioned and capable of supplying up to the Contracted Capacity to the JPS Grid on the first (1st) Day following the successful completion of all tests specified in Sections 1.1 and 2.1 above and on receipt of the written certification from the Independent Engineer that all tests have been successfully completed, subject to Section 2.5. 2.5 The Parties may agree to waive any requirement for an Independent Engineer for the purposes of this Schedule 4.