Rated Capacity. The Department may exclude from the Rated Capacity of the Facility the amount of MW allocable to any Unit where the Rated Capacity of such Unit is less than forty (40) MW, provided, however, that the Seller may re-run the performance test two times, within one-hundred-twenty (120) Days following the Commercial Operation Date, to attempt to achieve a Rated Capacity of any such Unit in excess of forty (40) MW. The provisions of this Section 4.03 and Section 2.02 shall be the exclusive remedy of the Department for any Unit’s failure to achieve a specific Rated Capacity.
Appears in 3 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement