INITIAL PERFORMANCE TESTS Clause Samples

The INITIAL PERFORMANCE TESTS clause establishes the requirement for testing a product, system, or service at the outset to verify that it meets specified performance criteria. Typically, this involves conducting a series of predefined tests or inspections before the product is accepted or further obligations are triggered, such as payment or continued work. By mandating these initial tests, the clause ensures that both parties have objective confirmation of compliance with agreed standards, thereby reducing the risk of disputes and clarifying expectations early in the contractual relationship.
INITIAL PERFORMANCE TESTS a. On or promptly after the Initial Synchronization Date, Resource Provider shall conduct the initial Performance Tests on the Facility to, among other things, verify that each Capability of the Facility will meet or exceed the corresponding Design Capability, and the provisions of paragraphs (a), (b), and (c) of Section 6.9 (Supply Period Performance Tests) shall apply mutatis mutandis to such tests (the “Initial Performance Tests”). b. Resource Provider warrants that the Initial Performance Tests shall establish that each Capability of the Facility will meet or exceed the corresponding Design Capability. If the Initial Performance Tests establish that a Capability of the Facility falls below the corresponding Design Capability, then prior to the Long-Stop Date, Resource Provider may, at its election: 1. take corrective actions to increase such Capability of the Facility prior to the Long- Stop Date until the Initial Performance Tests demonstrate that a Capability of the Facility meets or exceed the corresponding Design Capability; or 2. if, for Dmax or Cmax only, such Capability meets or exceeds at least ninety-five percent (95%) of the corresponding Design Capability on a sustained basis (the “Minimum Acceptance Capability”), then credit PREPA’s account in the amount of $200 per kW for each kW of difference between such Design Capability and the corresponding Capability of the Facility as liquidated damages as PREPA’s sole and exclusive remedy in respect of such shortfall (the “Capability Shortfall Liquidated Damages”), provided that if, by the Long-Stop Date, such corrective actions result in such Capability meeting or exceeding the Minimum Acceptance Capability but not the corresponding Design Capability, then Resource Provider shall credit PREPA’s account for the Capability Shortfall Liquidated Damages. Resource Provider acknowledges and agrees that the Capability Shortfall Liquidated Damages represent a fair and reasonable estimate of the loss that PREPA will suffer if such a Capability shortfall occurs, and accordingly, Resource Provider hereby waives its right to dispute the enforceability of this paragraph (b) of this Section 5.3. c. If the Initial Performance Tests establish that the Facility fails to comply with the Other Minimum Acceptance Criteria, then Resource Provider may, at its election: 1. take corrective actions to improve the performance of the Facility; and 2. repeat the Initial Performance Tests to establish that the Facility satisf...
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INITIAL PERFORMANCE TESTS. Initial proof of performance testing shall occur within sixty (60) days after completion of the rebuild pursuant to Section 3.1 supra. Upon written request, the Licensee shall provide the Issuing Authority with a copy of such report.
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INITIAL PERFORMANCE TESTS. Initial proof of performance testing shall occur according the FCC Proof of Performance schedule after the completion of the system upgrade. Should performance fail to comply with governing FCC regulations, the defect shall be corrected in accordance with FCC regulations. Upon written request, Licensee shall make available a copy of Proof of Performance tests to the Issuing Authority or its designee.
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INITIAL PERFORMANCE TESTS. Initial proof of performance testing shall occur within ninety (90) days of Upgrade completion. Should performance prove defective, the defect shall be appropriately corrected promptly and another proof of performance test shall be scheduled. The costs of such tests shall be borne solely by the Licensee.
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INITIAL PERFORMANCE TESTS. Upon relocation of the PEG Access television studio, Licensee shall perform a proof of performance test with respect to the signal quality of transmissions from said studio, once such relocation has been completed. Should performance not meet the FCC’s technical specifications, the defect shall be appropriately corrected.
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INITIAL PERFORMANCE TESTS. Initial proof of performance testing shall occur within sixty (60) days after the completion of construction of the Cable System and any system upgrade/rebuild during the term of this Final License. Upon the location and any relocation of a PEG studio, the Licensee shall also perform a proof of performance test with respect to signal quality of transmissions from said studio, once such relocation has been completed. Should performance in either case prove defective, the defect shall be appropriately corrected and another proof of performance test shall be scheduled in a timely period. The costs of such tests shall be borne solely by the Licensee.
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Related to INITIAL PERFORMANCE TESTS

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • Annual Performance Review The Employee’s performance of his duties under this Agreement shall be reviewed by the Board of Directors or a committee of the Board of Directors at least annually and finalized within thirty (30) days of the receipt of the annual audited financial statements. The Board of Directors or a committee of the Board of Directors shall additionally review the base salary, bonus and benefits provided to the Employee under this Agreement and may, in their discretion, adjust the same, as outlined in Addendum B of this Agreement, provided, however, that Employee’s annual base salary shall not be less than the base salary set forth in Section 4(A) hereof.

  • Performance Testing (a) All performance tests of the Project, including any Initial Performance Test required in Section 2 of Appendix VIII, will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”), including additional procedures and protocols related to Performance Testing as mutually agreed between Buyer and Seller (“Test Procedures”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. (b) After the Initial Delivery Date and during the Delivery Term, Buyer will have the right to conduct a Performance Test (“Buyer Performance Test”) no more than once a calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Within 30 calendar days following a Buyer Performance Test, Seller will have the right to retest the Project with a Performance Test (“Seller Retest”). For the avoidance of doubt, the results of any Seller Retest will supersede the results of the preceding Buyer Performance Test. (i) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at or above ninety-nine percent (99%) of the Initial Contract Capacity, the Contract Capacity will remain the Initial Contract Capacity; (ii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at more than or equal to eighty-five (85%) of the Initial Contract Capacity, but less than ninety-nine percent (99%) of the Initial Contract Capacity (“Testing Band”), the Contract Capacity will be automatically adjusted (upwards or downwards) to the capacity commensurate with the amount of Distribution Services the Project delivered during the Performance Test within the Testing Band. (iii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is not capable of delivering Distribution Services of at least eighty-five percent (85%) of the Initial Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(viii).

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit G), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Annual Performance Evaluation On either a fiscal year or calendar year basis, (consistently applied from year to year), the Bank shall conduct an annual evaluation of Executive’s performance. The annual performance evaluation proceedings shall be included in the minutes of the Board meeting that next follows such annual performance review.