Common use of Rated Capacity Clause in Contracts

Rated Capacity. At the Commercial Operation Date, each Unit is expected to have a Rated Capacity of not less than [forty-eight (48) MW]. 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 perform ance test tw o ▇▇▇ es, w ithin one-hundred-▇▇ ▇▇▇▇ (120 ) D ays follow ing 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.

Rated Capacity. At the Commercial Operation Date, each Unit is expected to have a Rated Capacity of not less than [forty-eight (48) MW]. 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 perform ance performance test tw o ▇▇▇ estwo times, w ithin within one-hundred-▇▇ ▇▇▇▇ hundred-twenty (120 120) D ays follow ing 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.