I disagree. Payment condition for the 89m$ is 350 days of operation with "Guaranteed Performance" (aside of some exclusions about other products entering the market with E-Cat IP or if the plant would infringe IP of an third party).
The ERV report respectively the ERV's written statement that for 350 days the "Guaranteed Performance" has been achieved is the "payment condition". (3.2(c) and 5.)
I disagree with your disagreement.
"Guaranteed Performance" is described and defined in Section 5 of the agreement. Pursuant to said section the EV shall "confirm " the performance. In other words, the ERV-report is not the ultimate condition for payment, it is a means by which evidence of perfomance is provided.