4. power purchase agreement(ppa) - BPDB

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Power Purchase Agreement-Fenchuganj Section 7: TESTING AND CAPACITY RATINGS 7.1 Testing of the Facility Prior to the Commercial Operations Date 7.1.1 Notification and Scheduling (a) (b) The Company will use its best efforts to provide BPDB on an on-going basis with relevant information regarding its program for testing the Simple Cycle Unit and Combined Cycle Unit. Not less than thirty (30) Days prior to testing of the Simple Cycle Unit and Combined Cycle Unit, the Company will deliver to BPDB in writing the final program for testing, including the expected duration of the testing program and a tentative schedule for conducting all relevant tests required by Schedule 3. The Company shall advise BPDB in writing of its final schedule for the testing program not less than seven (7) Days prior to the commencement of the tests required by Section 4.1 of Schedule 3. If the schedule for any test required by Schedule 3 is adjusted after the Company has provided BPDB with the final testing program schedule, the Company shall advise BPDB not less than twenty-four (24) hours prior to the commencement of any such test. On each Day beginning with the Day on which testing commences, the Company shall provide BPDB with a schedule of the tests to be conducted on the following Day or Days if such test will continue for more than one (1) Day. All testing of the Facility shall satisfy the applicable requirements provided in Schedule 3. If BPDB is unable to accommodate the schedule for such test or tests as provided by the Company in the final schedule for the program of tests pursuant to the foregoing Section 7.1.1(a) (whether by reason of BPDB’s failure to deliver electrical energy to or receive Net Energy Output from the Facility pursuant to Section 6.3, or otherwise), BPDB will give the Company notice within forty-eight (48) hours of its receipt of the final schedule for testing of its requirements regarding deferral of any test or tests and the Parties will mutually agree on a date for any deferral test or program of tests; provided, however, that any such delays shall be subject to the provisions of Section 7.5 below. 7.1.2 Commercial Operations Test (a) (b) The Company shall be entitled to attempt as many Commercial Operations Tests as are necessary to satisfy the minimum criteria (as set out in Schedule 3) for achieving the Commercial Operations Date in Simple Cycle and Combined Cycle. The Company shall give BPDB not less than forty-eight (48) hours notice of each additional Commercial Operations Test it desires to attempt. If the results of a Commercial Operations Test satisfy the minimum performance criteria (as set out in Schedule 3) to achieve the Commercial Operations Date (both in Simple Cycle and Combined Cycle) then: (i) Provided that the Facility has demonstrated a Dependable Capacity greater than the Threshold Capacity, if the Company is satisfied with the Dependable Capacity achieved in such Commercial Operations Test, subject to the payment of any liquidated damages due under Section 8.2, the Company shall notify BPDB that the Company has designated such test as the Commercial Operations Test for the purposes of establishing the Commercial Operations Date or Simple Cycle Commercial Operations Date; or 37
Power Purchase Agreement-Fenchuganj (ii) if the Company is not satisfied with the Dependable Capacity achieved in such Commercial Operations Test, the Company may, without prejudicing the achievement of the Commercial Operations Date or Simple Cycle Commercial Operations Date, conduct up to three (3) Dependable Capacity Tests to establish the Dependable Capacity, provided, that BPDB is given at least forty eight (48) hours notice prior to the commencement of each such test, and provided, further, that the Commercial Operations Date or Simple Cycle Commercial Operations Date shall not occur and BPDB shall have no obligation to commence the payment to the Company of any Capacity Payments until the date on which the Company has notified BPDB in writing that the most-recently performed Dependable Capacity Test (carried out pursuant to this Section 7.1.2(b)) has demonstrated a Dependable Capacity not less than the Threshold Capacity, the Company has designated the then-most recently performed Dependable Capacity Test (carried out pursuant to this Section 7.1.2(b)) as being a part of the Commercial Operations Test for the purpose of establishing the Commercial Operations Date or Simple Cycle Commercial Operations Date and paid the required liquidated damages, if any, pursuant to Section 8.2. The Commercial Operations Test shall be completed for the purpose of establishing the Commercial Operations Date or Simple Cycle Commercial Operations Date when the Company notifies BPDB of its designation of the Commercial Operations Test in Section 7.1.2(b)(i) or its designation of the Dependable Capacity Test in Section 7.1.2(b)(ii), as the case may be (such Dependable Capacity Test which is part of the Designated Commercial Operations Test pursuant to Section 7.1.2(b)(i) or designated pursuant to Section 7.1.2(b)(ii) shall hereinafter be referred to as the “Initial Dependable Capacity”). (c) The Initial Dependable Capacity shall not exceed, and, if greater, shall be deemed to be equal to the Contracted Facility Capacity. 7.2 Testing of Dependable Capacity of the Facility after Commercial Operations Date (a) (b) After the Commercial Operations Date, the Dependable Capacity shall be tested annually at times mutually agreed upon by the Company and BPDB for the Facility as a Combined Cycle Unit; 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 last Dependable Capacity Test (or retest thereof, as the case may be). 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. If, as the result of a Dependable Capacity Test carried out pursuant to Section 7.2(a) above or Section 7.2(c) or (d) below, the new tested capacity is shown to be: (i) above the Dependable Capacity in effect prior to such test, the Company shall set the Dependable Capacity at the new tested capacity (which shall not exceed the Contracted Facility Capacity), effective from the beginning of the Day following the Day on which such test is completed. (ii) below the Dependable Capacity in effect prior to such test, the Dependable Capacity shall be reduced to the newly tested value, effective from the beginning of the Day following the Day on which such test is completed; provided, that the result of any rejected test shall be ignored in determining the Dependable Capacity. 38
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4. power purchase agreement(ppa) - BPDB

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