Common use of Storage Capacity Testing Clause in Contracts

Storage Capacity Testing. ‌ (a) Storage Capacity Testing and Setting of Contract Storage Capacity. (i) Prior to the Commercial Operation Date, Seller shall schedule with at least ten (10) Business Days’ notice to Buyer and complete a storage capacity test of the Storage Facility in accordance with the testing procedures, requirements and protocols set forth in Exhibit O (a “Storage Capacity Test”). Thereafter, once per Contract Year, Buyer shall schedule with at least sixty (60) days’ notice to Seller and Seller shall complete a Storage Capacity Test in accordance with Exhibit O. Buyer may reasonably require up to three additional Storage Capacity Tests at any time during each Contract Year if operational data from the Storage Facility indicates a potential underperformance of any of the Performance Guarantees in Section 5.10. All tests must be performed in compliance with manufacturer's testing requirements.‌ (ii) The Parties shall coordinate all Storage Capacity Tests in good faith to minimize the burden to each of the Parties. Buyer may witness all Storage Capacity Tests of the Storage Facility. Buyer shall schedule any visit to the Project in advance with Seller, shall comply with Seller’s reasonable written health, safety and security requirements provided to Buyer, and shall not interfere with Seller’s construction, installation, start-up, testing, commissioning, operation or maintenance of the Project. (iii) Buyer shall schedule, deliver, and receive Test Energy in accordance with the scheduling procedures outlined in Section 5.4 in order to complete any Storage Capacity Test. Buyer is responsible for all costs of Test Energy for the first Storage Capacity Test in each Contract Year and any Buyer-directed Storage Capacity Tests (described in Section 5.9(a)(iv)) prior to Commercial Operation or during any Contract Year. Seller is responsible for all costs of Test Energy for any Seller-directed Storage Capacity Test (described in Section 5.9(a)(iv)) and the first Storage Capacity Test prior to Commercial Operation. Test Energy shall be at wholesale electricity prices inclusive of capacity or reserves costs and any Seller incurred Test Energy costs shall be deducted from the Monthly Payment.‌ (iv) Following each Storage Capacity Test, Seller shall submit a test report to Buyer within ten (10) Business Days in accordance with Exhibit O, together with reasonable supporting data. Within twenty (20) Business Days after submission of a test report, Buyer shall have the right to require (Buyer-directed) and Seller shall have the right to schedule (Seller-directed) a retest of the Storage Capacity Test in accordance with Exhibit O. (v) If the actual capacity determined pursuant to a Storage Capacity Test is less than the then-current Contract Storage Capacity, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Contract Storage Capacity effective from the date of the Storage Capacity Test for all purposes under this Agreement.

Storage Capacity Testing. ‌ (a) Storage Capacity Testing and Setting of Contract Storage Capacity. (i) Prior to the Commercial Operation Date, Seller shall schedule with at least ten (10) Business Days’ notice to Buyer PGE and complete a storage capacity test of the Storage Facility in accordance with the testing procedures, requirements and protocols set forth in Exhibit O (a “Storage Capacity Test”). Thereafter, once per Contract Year, Buyer PGE shall schedule with at least sixty (60) days’ notice to Seller and Seller shall complete a Storage Capacity Test in accordance with Exhibit O. Buyer PGE may reasonably require up to three additional Storage Capacity Tests at any time during each Contract Year if operational data from the Storage Facility indicates a potential underperformance of any of the Performance Guarantees in Section 5.106.3. All tests must be performed in compliance with manufacturer's testing requirements.‌ (ii) The Parties shall coordinate all Storage Capacity Tests in good faith to minimize the burden to each of the Parties. Buyer PGE may witness all Storage Capacity Tests of the Storage Facility. Buyer PGE shall schedule any visit to the Project Storage Facility in advance with Seller, shall comply with Seller’s reasonable written health, safety and security requirements provided to Buyer, and shall not interfere with Seller’s construction, installation, start-up, testing, commissioning, operation or maintenance of the ProjectStorage Facility. (iii) Buyer PGE shall schedule, deliver, and receive Storage Facility Test Energy in accordance with the scheduling procedures outlined in Section 5.4 3.9.2 in order to complete any Storage Capacity Test. Buyer PGE is responsible for all costs of Storage Facility Test Energy for the first Storage Capacity Test in each Contract Year and any Buyer-Buyer- directed Storage Capacity Tests (described in Section 5.9(a)(iv)3.4.8(a)(i) prior to Commercial Operation or during any Contract Year. Seller is responsible for all costs of Storage Facility Test Energy for any Seller-directed Storage Capacity Test (described in Section 5.9(a)(iv3.4.8(a)(i)) and the first Storage Capacity Test prior to Commercial Operation. Test Storage Facility Test‌ Energy shall be at wholesale electricity prices inclusive of capacity or reserves costs and any Seller incurred Storage Facility Test Energy costs shall be deducted from the Monthly Payment.‌Payment. (iv) Following each Storage Capacity Test, Seller shall submit a test report to Buyer PGE within ten (10) Business Days in accordance with Exhibit O, together with reasonable supporting data. Within twenty (20) Business Days after submission of a test report, Buyer PGE shall have the right to require (Buyer-directed) and Seller shall have the right to schedule (Seller-directed) a retest of the Storage Capacity Test in accordance with Exhibit O. (v) If the actual capacity determined pursuant to a Storage Capacity Test is less than the then-current Contract Storage Capacity, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Contract Storage Capacity effective from the date of the Storage Capacity Test for all purposes under this Agreement.

Storage Capacity Testing. ‌ (a) Storage Capacity Testing and Setting of Contract Storage Capacity. (i) Prior to the Commercial Operation Date, Seller shall schedule with at least ten (10) Business Days’ notice to Buyer PGE and complete a storage capacity test of the Storage Facility in accordance with the testing procedures, requirements and protocols set forth in Exhibit O (a “Storage Capacity Test”). Thereafter, once per Contract Year, Buyer PGE shall schedule with at least sixty (60) days’ notice to Seller and Seller shall complete a Storage Capacity Test in accordance with Exhibit O. Buyer PGE may reasonably require up to three additional Storage Capacity Tests at any time during each Contract Year if operational data from the Storage Facility indicates a potential underperformance of any of the Performance Guarantees in Section 5.106.3. All tests must be performed in compliance with manufacturer's testing requirements.‌requirements. (ii) The Parties shall coordinate all Storage Capacity Tests in good faith to minimize the burden to each of the Parties. Buyer PGE may witness all Storage Capacity Tests of the Storage Facility. Buyer PGE shall schedule any visit to the Project Storage Facility in advance with Seller, shall comply with Seller’s reasonable written health, safety and security requirements provided to Buyer, and shall not interfere with Seller’s construction, installation, start-up, testing, commissioning, operation or maintenance of the ProjectStorage Facility. (iii) Buyer PGE shall schedule, deliver, and receive Storage Facility Test Energy in accordance with the scheduling procedures outlined in Section 5.4 3.9.2 in order to complete any Storage Capacity Test. Buyer PGE is responsible for all costs of Storage Facility Test Energy for the first Storage Capacity Test in each Contract Year and any Buyer-Buyer- directed Storage Capacity Tests (described in Section 5.9(a)(iv)3.4.8(a)(i) prior to Commercial Operation or during any Contract Year. Seller is responsible for all costs of Storage Facility Test Energy for any Seller-directed Storage Capacity Test (described in Section 5.9(a)(iv3.4.8(a)(i)) and the first Storage Capacity Test prior to Commercial Operation. Storage Facility Test Energy shall be at wholesale electricity prices inclusive of capacity or reserves costs and any Seller incurred Storage Facility Test Energy costs shall be deducted from the Monthly Payment.‌Payment. (iv) Following each Storage Capacity Test, Seller shall submit a test report to Buyer PGE within ten (10) Business Days in accordance with Exhibit O, together with reasonable supporting data. Within twenty (20) Business Days after submission of a test report, Buyer PGE shall have the right to require (Buyer-directed) and Seller shall have the right to schedule (Seller-directed) a retest of the Storage Capacity Test in accordance with Exhibit O. (v) If the actual capacity determined pursuant to a Storage Capacity Test is less than the then-current Contract Storage Capacity, then the actual capacity determined pursuant to such Storage Capacity Test shall become the new Contract Storage Capacity effective from the date of the Storage Capacity Test for all purposes under this Agreement.