Common use of Retest Clause in Contracts

Retest. After the successful completion of a Test, Seller has the right, for any reason, to conduct a maximum of two (2) “Retests” at Seller’s sole expense including Gas Costs. For the avoidance of doubt, the limitation on retesting set forth in the preceding sentence does not apply to any testing of a Generating Unit other than a ICOT or CCAST. If prior to the Commercial Operation of any Generating Unit, (a) a Catastrophic Equipment Failure occurs with respect to such Generating Unit, and (b) Seller is able to make temporary repairs to such Generating Unit in a manner that would allow such Generating Unit to reach Commercial Operation but at a level lower than 80% of its Expected Contract Capacity, and (c) Seller is able to complete permanent repairs to such Generating Unit no later than six (6) months after such Commercial Operation that would increase the performance of such Generating Unit to at least 90% of its Expected Contract Capacity, then Seller may, no later than the Initial Delivery Date, present SCE with a description of such Catastrophic Equipment Failure and a plan and schedule for completing such temporary repairs and such permanent repairs. If SCE agrees with such plan and schedule, then such plan and schedule shall constitute an “Approved Repair Plan.” If SCE and Seller disagree about such plan and schedule, then SCE may, at Seller’s expense, hire an Independent Engineer to assess the situation and make recommendations for completing such temporary repairs and such permanent repairs, and such recommendations (which shall include a plan and schedule for such repairs) shall constitute the Approved Repair Plan. Seller shall be permitted to conduct the ICOT for such Generating Unit in accordance with Article Seven after the completion of the temporary repairs contemplated by the Approved Repair Plan for such Generating Unit, and such ICOT will determine the GU Contract Capacity for such Generating Unit. Thereafter, if the permanent repairs contemplated by the Approved Repair Plan for such Generating Unit are completed within the earlier of (i) six (6) months after the Initial Delivery Date or (ii) the completion date for such repairs as set forth in such Approved Repair Plan, Seller shall be permitted to conduct an additional ICOT for such Generating Unit in accordance with Article Seven and the GU Contract Capacity for such Generating Unit for the remainder of the Delivery Period beginning from and after such additional ICOT will be determined by such additional ICOT. For the avoidance of doubt, in no event will such additional ICOT result in a retroactive adjustment of the GU Contract Capacity for such Generating Unit for any period prior to such additional ICOT. The records from any Retest shall be used to determine Generating Unit performance as of the date of the original Test being repeated. Final Test Report. Within fifteen (15) Business Days after the completion of a Test (including a Retest), Seller shall prepare and submit to SCE a written report of the Test in accordance with Section 6 of PTC 22. At a minimum, the report shall include:

Retest. After the successful completion of a Test, Seller has the right, for any reason, to conduct a maximum of two (2) “Retests” at Seller’s sole expense including Gas Costs. For the avoidance of doubt, the limitation on retesting set forth in the preceding sentence does not apply to any testing of a Generating Unit other than a ICOT or CCAST. If prior to the Commercial Operation of any Generating Unit, (a) a Catastrophic Equipment Failure occurs with respect to such Generating Unit, and (b) Seller is able to make temporary repairs to such Generating Unit in a manner that would allow such Generating Unit to reach Commercial Operation but at a level lower than 80% of its Expected Contract Capacity, and (c) Seller is able to complete permanent repairs to such Generating Unit no later than six (6) months after such Commercial Operation that would increase the performance of such Generating Unit to at least 90% of its Expected Contract Capacity, then Seller may, no later than the Initial Delivery Date, present SCE with a description of such Catastrophic Equipment Failure and a plan and schedule for completing such temporary repairs and such permanent repairs. If SCE agrees with such plan and schedule, then such plan and schedule shall constitute an “Approved Repair Plan.” If SCE and Seller disagree about such plan and schedule, then SCE may, at Seller’s expense, hire an Independent Engineer to assess the situation and make recommendations for completing such temporary repairs and such permanent repairs, and such recommendations (which shall include a plan and schedule for such repairs) shall constitute the Approved Repair Plan. Seller shall be permitted to conduct the ICOT for such Generating Unit in accordance with Article Seven after the completion of the temporary repairs contemplated by the Approved Repair Plan for such Generating Unit, and such ICOT will determine the GU Contract Capacity for such Generating UnitUnit in accordance with Section 1.01(a). Thereafter, if the permanent repairs contemplated by the Approved Repair Plan for such Generating Unit are completed within the earlier of (i) six (6) months after the Initial Delivery Date or (ii) the completion date for such repairs as set forth in such Approved Repair Plan, Seller shall be permitted to conduct an additional ICOT for such Generating Unit in accordance with Article Seven and the GU Contract Capacity for such Generating Unit for the remainder of the Delivery Period beginning from and after such additional ICOT will be determined by such additional ICOT. For the avoidance of doubt, in no event will such additional ICOT result in a retroactive adjustment of the GU Contract Capacity for such Generating Unit for any period prior to such additional ICOT. The records from any Retest shall be used to determine Generating Unit performance as of the date of the original Test being repeated. Final Test Report. Within fifteen (15) Business Days after the completion of a Test (including a Retest), Seller shall prepare and submit to SCE a written report of the Test in accordance with Section 6 of PTC 22. At a minimum, the report shall include: