COMPLEX TESTING & GUARANTEES Clause Samples

COMPLEX TESTING & GUARANTEES. 2.1 After the initial energization of each plant and prior to the Commercial Operations Date, the Company shall carry out, or cause its Contractors to carry out the following Commissioning tests on each plant of the Complex: 2.1.1 Performance test of each [generator/plant] The Company shall carry out performance tests of each [generator/plant] to establish the capability to generate for at least six (6) cumulative hours while connected to the Grid or according to Manufacturers’ commissioning procedures and standards. The output of the [generator/plant] at current Site ambient conditions should agree with the Proposed Plant output profile at expected Site ambient conditions. 2.2 JPS shall have the right to request a repeat of any particular testing if, in its reasonable judgment, such test result is not conclusive for establishing the purpose for which the test was intended. The actual expense of any such requested additional testing shall be borne by the Company, unless such additional testing does not show a material inaccuracy with the initial testing, in which event the expense of the requested additional testing shall be borne by JPS. The results of the immediately prior test shall govern until the repeat test is completed. The results of the repeat test shall supersede the prior test for all purposes commencing on the Day following the repeat test. 2.3 Upon completion of each test specified in Sections 2.1, the Company shall promptly provide JPS and the Independent Engineer, in each case, with three (3) copies of the results of such test; provided that the Company shall submit all such test results to JPS no later than thirty (30) Days after the Commercial Operations Date. 2.4 The Complex shall be considered Commissioned and capable of supplying up to the Contracted Capacity to the JPS Grid on the first (1st) Day following the successful completion of all tests specified in Sections 1.1 and 2.1 above and on receipt of the written certification from the Independent Engineer that all tests have been successfully completed, subject to Section 2.5. 2.5 The Parties may agree to waive any requirement for an Independent Engineer for the purposes of this Schedule 4.
COMPLEX TESTING & GUARANTEES. 2.1 After the initial energization of each plant and prior to the Commercial Operations Date, the Company shall carry out, or cause its Contractors to carry out the following Commissioning tests on each plant of the Complex:

Related to COMPLEX TESTING & GUARANTEES

  • Continuing Guarantee This guarantee is a continuing guarantee and will extend to the ultimate balance of sums payable by any Obligor under the Finance Documents, regardless of any intermediate payment or discharge in whole or in part.

  • Guarantee of Payment; Continuing Guarantee The guarantee in this Article IV is a guaranty of payment and not of collection, is a continuing guarantee, and shall apply to all Obligations whenever arising.

  • Continuing Guaranty This Guaranty is a continuing guaranty and shall remain in effect until all of the Guaranteed Obligations shall have been paid in full and the Revolving Commitments shall have terminated and all Letters of Credit shall have expired or been cancelled. Each Guarantor hereby irrevocably waives any right to revoke this Guaranty as to future transactions giving rise to any Guaranteed Obligations.

  • Continuing Guaranty; Assignments This Article XI is a continuing guaranty and shall (a) remain in full force and effect until the later of the cash payment in full of the Guaranteed Obligations (other than Contingent Indemnity Obligations) and all other amounts payable under this Article XI and the Final Maturity Date, (b) be binding upon each Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Secured Parties and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including, without limitation, all or any portion of its Commitments, its Loans owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.

  • EVENTS AND CIRCUMSTANCES NOT REDUCING OR DISCHARGING GUARANTOR’S OBLIGATIONS Guarantor hereby consents and agrees to each of the following, and agrees that Guarantor’s obligations under this Guaranty shall not be released, diminished, impaired, reduced or adversely affected by any of the following, and waives any common law, equitable, statutory or other rights (including without limitation rights to notice) which Guarantor might otherwise have as a result of or in connection with any of the following: