Operational Limitations Tests Sample Clauses

Operational Limitations Tests. Buyer also has the right to require additional types of tests to verify the Facility and/or Unit is performing in accordance with the Operational Limitations specified in Appendix II (“Operational Limitations Tests”). The Parties shall finalize Additional Test Procedures specific to the nature of the test at least thirty (30) days prior to each Operational Limitations Test. If the results of an Operational Limitations Test are outside the tolerance band specified within the Additional Test Procedures for such Operational Limitations Test, then Buyer will assess a penalty until such time as the deficiency is remedied by Seller as demonstrated by a Seller’s Performance Test (“Operational Limitations Test Penalty”). Operational Limitations Test Penalties shall start on the first day after the Operational Limitations Test indicates an operational deficiency and shall continue to be assessed until the first day after the operational deficiency is remedied by a Seller’s Performance Test. An Operational Limitations Test Penalty shall be assessed within the Availability compensation calculation in Section 4.1(b) by considering all hours and partial hours during this period to be considered UNAVAILPRODHRS.
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