Testing Requirement. Seller shall conduct an Initial Capacity Test no later than sixty (60) days from the Initial Delivery Date. Buyer may elect to substitute the Initial Capacity Test for a Buyer’s Capacity Test to be performed within sixty (60) days after the Initial Delivery Date, the results of which test will apply retroactively, starting from the Initial Delivery Date, until the next Buyer’s Capacity Test or Seasonal Capacity Test. During each Contract Year of the Services Term, Buyer may request Seller to perform up to two Seasonal Capacity Tests upon Notice of no less than twenty-four (24) hours. Buyer’s decision to forgo any such test shall not be deemed a waiver of Buyer’s right to require any subsequent test. Seasonal Capacity Tests for Summer Months will be performed during a Summer Month, and Seasonal Capacity Tests for Non-Summer Months will be performed during a Non-Summer Month, with the exception that testing may be performed within the thirty (30) days immediately before or after the respective season, corrected to the respective season, if mutually agreed upon by Buyer and Seller.
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