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4. power purchase agreement(ppa) - BPDB

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Power Purchase Agreement-Fenchuganj<br />

(ii)<br />

The Engineer and <strong>BPDB</strong> shall have the opportunity to provide written comments<br />

on the proposed procedure and protocols within thirty (30) Days of receipt from<br />

the Company of said documentation, and the three Parties will reach an<br />

<strong>agreement</strong> on the procedures and protocols to be used for testing not later than<br />

sixty (60) Days prior to the scheduled commencement of the respective testing<br />

and Commissioning; provided, that:<br />

(A)<br />

(B)<br />

if <strong>BPDB</strong> fails to submit written comments to the Company within the thirty<br />

(30) Days stipulated above, it shall be deemed to have accepted the<br />

detailed procedure and protocols provided by the Company; and<br />

if the Parties fail to reach <strong>agreement</strong> on the procedures and protocols<br />

within sixty (60) Days prior to the scheduled commencement of the<br />

respective testing and Commissioning,<br />

the matter may be referred to the Engineer by either Party, and the Engineer<br />

shall make the decision on the protocol and procedures within the five (5) Days<br />

of the matter being referred to it, and such decision shall be binding on the<br />

Parties.<br />

(e)<br />

Start-up and Test Schedules<br />

At least ninety (90) Days before the scheduled commencement of testing and<br />

Commissioning of the Facility as a Combined Cycle Unit, the intended Start-Up and test<br />

schedule for such unit.<br />

(f)<br />

Insurances<br />

(i)<br />

Construction Insurance<br />

(A)<br />

(B)<br />

By the Construction Start Date, a copy of the Contractor’s All Risk<br />

Insurance Policy; and<br />

As soon as available, but in any event on or before the Commercial<br />

Operations Date, and as and when updated, copies of all other insurance<br />

policies and certificates of insurance or other evidence of insurance for<br />

policies related to construction detailed in Section 1<strong>4.</strong>1(b).<br />

(ii)<br />

Operations Insurance<br />

As soon as available, but not later than the Commercial Operations Date, copies<br />

of all insurance policies and certificates of insurance related to operations<br />

obtained pursuant to Section 1<strong>4.</strong>1(c).<br />

(iii)<br />

Other Insurances<br />

As soon as available, copies of all insurance policies and certificates of insurance<br />

detailed in Section 1<strong>4.</strong>1(d).<br />

(g)<br />

Test Results<br />

Not later than thirty (30) Days after the date of its Commissioning, copies of all test<br />

results, certified by the Engineer, for all Commercial Operations Tests performed on the<br />

Facility.<br />

33

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