Total-EPC-Book=180920

3-116 | EPC Template
Schedule I
Definitions
“Acceptance Tests/Acceptance Testing” shall mean the performance tests, to be
performed on the Facility as more particularly set forth on Schedule III, including any
adjustments thereto as provided in this Agreement or as otherwise agreed to by the
Parties to address the conditions present at the time the Facility is available for testing.
“Acceptance Test Capacity Guarantee” shall have the meaning assigned to it in
Section 11.3. “Acceptance Testing Period” shall have the meaning set forth in Section
11.2.3.
“Addendum” or “Addenda” shall have the meaning assigned to it in Section 8.1.
“Affiliate” shall mean (i) any Person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with a Party, and
(ii) any Person that, directly or indirectly, is the beneficial owner of five percent (5%) or
more of any class of equity securities of, or other Ownership interests in, a Party or of
which the Party is directly or indirectly the owner of five percent (5%) or more of any
class of equity securities or other Ownership interests.
“Agreement” shall have the meaning assigned to it in the first paragraph of this
Agreement.
“Authorization” shall mean any license, permit, approval, filing, waiver, exemption,
variance, clearance, entitlement, allowance, franchise, or other authorization, whether
from any Governmental Authority, corporate or otherwise.
“Business Day” shall mean any day other than a Saturday, Sunday or a day on which
either the state or national banks in the State of Wisconsin are not open for the conduct of
normal banking business.
“Change Order” shall mean a document issued pursuant to Article 8, which describes
changes in or to the Work.
“Commercial Operation” shall have the meaning given it in Section 10.3
“Commercial Operation Date” shall mean the date on which the Facility achieves
Commercial Operation.
“Construction Commencement Date” shall have the meaning assigned to it in Section
10.1.
“Contractor” shall have the meaning assigned to it in the first paragraph of this
Agreement.