Commissioning Efficiency Specification definition
Commissioning Efficiency Specification means the efficiency specification required for Products to pass the Commissioning Test applicable to such Products, as defined in the Purchase Order for such Products.
Commissioning Efficiency Specification means the Efficiency specification required for Products to pass the Commissioning Test applicable to such Products, as defined in the Purchase Order for such Products. “Commissioning Test” means the testing of the Products for a Project to determine whether it achieves the Commissioning Efficiency Specification when brought to the Commissioning Capacity Specification for the Commissioning Duration Specification, calculated by dividing (a) the AC electrical output (expressed in Therms) of the Products as measured at the Products’ transformers, by (b) the total LHV fuel input (expressed in Therms) of the Products, as measured at the Products’ Company-designated gas meter. The Commissioning Test includes the pre-power up check, fuel flow test, water system test, communication system test, and items as may be specified in a Purchase Order. “Company Performance LD Cap” shall have the meaning given to it in Section 3(c)(ii) hereof. “Company-Required Ancillary Equipment” means equipment for a Project, other than the Bloom Energy Server, which Distributor must purchase from Company to enable installation and operation, including without limitation equipment set forth on Exhibit A, as may be updated and delivered to Distributor from time to time. “Company Trademarks” shall have the meaning given to it in Section 9(f) hereof. “Confidential Information” shall mean (i) any information disclosed by Company to Distributor that is in written, graphic, machine readable or other tangible form and is marked “Confidential,” “Proprietary” or in some other manner to indicate its confidential nature; (ii) oral information disclosed by Company to Distributor pursuant to this Agreement that is designated as confidential at the time of disclosure, and reduced to a writing marked as confidential and delivered by Company to Distributor within a reasonable time; (iii) any information a reasonable person in the circumstances would understand to be confidential, including without limitation non-public information contained in an RFP submission and the pricing terms of this Agreement. Notwithstanding any failure to so identify it, all non-public information embodied in the Products, including without limitation the source code underlying object code and bitmaps embodied in the Products, shall be Confidential Information. “Customer” means any third party that obtains a Product integrated into a solid oxide fuel cell power facility in the Territory for the purpose of generating electrici...