ADES » Topics » 8.1 Phase I Substantial Completion Requirements .

This excerpt taken from the ADES 10-Q filed Nov 7, 2008.

8.1 Phase I Substantial Completion Requirements.

8.1.1 Phase I Performance Requirements. The Project shall meet the Phase I Performance Requirements described in Sections 8.1.1.1 through 8.1.1.3 when tested pursuant to a Completed Phase I Performance Test performed in accordance with the requirements of Appendix C and the other provisions of this Agreement and Applicable Legal Requirements. In addition to the foregoing, the Phase I Portion of the Project must be capable of continuous commercial operations in compliance with Applicable Legal Requirements.

The requirements set forth in Sections 8.1.1.1 through 8.1.1.3 are the “Phase I Performance Requirements.

8.1.1.1 Activated Carbon Capacity Generation. The activated carbon capacity generation from each MHF and the associated components of the Phase I Portion of the Project will not be less than the number of tons/day/MHF set forth in Appendix C when corrected to design conditions and with each component relied upon functioning within its design limits and original equipment manufacturer requirements (“Phase I Activated Carbon Production Requirement”).

8.1.1.2 Activated Carbon Quality Specification. The activated carbon produced from the Phase I Portion of the Project will satisfy the particle size requirements and the * requirements set forth in Appendix C (“Phase I Activated Carbon Specification Requirement”).

8.1.1.3 Environmental Compliance Requirement. The Phase I Portion of the Project will comply with all requirements of the emissions table set forth in Appendix C applicable to the Phase I Portion of the Project and all environmental Applicable Legal Requirements and all environmental requirements of the Permits applicable to the Phase I Portion of the Project (“Phase I Environmental Compliance Requirement”).

8.1.2 Phase I Substantial Completion Date. Contractor shall perform the Work with the objective that the Phase I Substantial Completion Date will occur on or before the Target Phase I Substantial Completion Date.

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