Net Generation Capacity Calculation and Storage Capacity Demonstration Test. (a) Seller shall, at Seller’s expense, cause a Net Generation Capacity Calculation and Storage Capacity Demonstration Test of the Generating Facility and the Storage Facility, respectively, 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 (10) Business Days prior to such anticipated Commercial Operation Date. If Seller causes a Net Generation Capacity Calculation or Storage Capacity Demonstration Test to be conducted according to this Section 3.12 and thereafter the Commercial Operation Date occurs more than thirty (30) Days after the Net Generation Capacity Calculation or Storage Capacity Demonstration Test, Seller shall cause a new Net Generation Capacity Calculation or Storage Capacity Demonstration Test, as the case may be, to be conducted in accordance with this Section 3.12. The final results of the then most recent Net Generation Capacity Calculation or Storage Capacity Demonstration Test that was performed in circumstances required by this Section 3.12 shall be used for purposes of determining satisfaction of the conditions to Commercial Operation.
Net Generation Capacity Calculation and Storage Capacity Demonstration Test. (a) Seller shall, at Seller’s expense, cause a Net Generation Capacity Calculation and Storage Capacity Demonstration Test of the Generating Facility and the Storage Facility, respectively, 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]112 [Delivery Term Commencement Date]113 and no later than the [Commercial Operation Date] 114 [Delivery Term Commencement Date] 115 , and, if not otherwise mutually agreed by the Parties prior to fifteen (15) Business Days before the [anticipated Commercial 112 NTD: Insert if the Facility is a developmental resource. 113 NTD: Insert if the Facility is not a developmental resource. 114 NTD: Insert if the Facility is a developmental resource. 115 NTD: Insert if the Facility is not a developmental resource. Operation Date in the then-current Project Schedule]116 [date set forth in Section 2.2(b)(i)]117, shall be (subject to the last sentence of Section 3.12(b)) ten (10) Business Days prior to such [anticipated Commercial Operation Date]118 [date]119. If Seller causes a Net Generation Capacity Calculation or Storage Capacity Demonstration Test to be conducted according to this Section 3.12 and thereafter the [Commercial Operation Date]120 [Delivery Term Commencement Date]121 occurs more than thirty (30) Days after the Net Generation Capacity Calculation or Storage Capacity Demonstration Test, Seller shall cause a new Net Generation Capacity Calculation or Storage Capacity Demonstration Test, as the case may be, to be conducted in accordance with this Section 3.12. The final results of the then most recent Net Generation Capacity Calculation or Storage Capacity Demonstration Test that was performed in circumstances required by this Section 3.12 shall be used for purposes of determining satisfaction of the conditions [to Commercial Operation]122 [in Section 2.3(b)]123.
