Testing of Dependable Capacity Clause Samples

Testing of Dependable Capacity of the Facility after Commercial Operations Date a) After the Commercial Operations Date, the Dependable Capacity shall be tested in every Contract Year at times mutually agreed upon by the Company and BPDB for the Facility; provided, that such Dependable Capacity Test shall to the extent possible be conducted within one (1) Month after the completion of a Scheduled Outage; and provided, further, that, subject to any rights of retest provided herein, a Dependable Capacity Test shall in any event be carried out on the Facility not later than four hundred (400) Days following the immediate preceding anniversary of Commercial Operations Date. The Company may within seventy-two (72) hours of completion of an annual test, reject the test and may conduct a retest in respect of any one rejected test, provided, however, that the Company cannot conduct more than two retests. The Company shall give BPDB at least twenty-four (24) hours’ notice of any such retest and the retest shall be conducted within seven (7) Days of the completion of the rejected test. b) If, the Company does not comply with the necessary formalities to perform the Annual Dependable Capacity Test pursuant to Section 7.1.2(a), BPDB reserve the right not to despatch the energy generated by the Facility until the said test have been conducted:

Testing of Dependable Capacity of the Facility after the Commercial Operation Date (a) After the Commercial Operation Date of the First Unit and until the Commercial Operation Date of the Facility, the Dependable Capacity of the First Unit shall be tested annually at the cost and expense of the BOT Company, at times mutually agreed upon by the BOT Company, EVN and the MOIT; and after the Commercial Operation Date of the Facility, the Dependable Capacity of the Facility shall be tested annually at the cost and expense of the BOT Company at times mutually agreed upon by the BOT Company, EVN and the MOIT, provided that such tests shall to the extent possible be conducted within one month of a Major Overhaul or other significant repair of the First Unit or the Facility, as the context requires. The results of such annual tests shall be recorded and confirmed in writing by (i) the BOT Company and