Common use of Operating Phase Clause in Contracts

Operating Phase. All materials recycled as part of the Work shall be sampled and tested by the methods and with the frequency agreed to by the parties. Customer shall directly pay for or reimburse OnSite for all costs of such sampling and testing. IF REQUESTED BY EITHER PARTY, SPLIT SAMPLES SHALL BE TAKEN FOR ALL TESTING AND ONE SAMPLE RETAINED BY THE THIRD PARTY LAB OR OTHER DESIGNATED PARTY FOR THIRTY (30) DAYS. CUSTOMER SHALL HAVE THIRTY-SIX (36) HOURS AFTER RECYCLING OF EACH BATCH OF MATERIALS IN WHICH TO PULL TEST SAMPLES FROM SUCH BATCH. (AFTER THIRTY-SIX (36) HOURS THE MATERIALS WILL BE MOVED AND TEST RESULTS COULD BE INACCURATE.) CUSTOMER SHALL FURTHER HAVE SEVEN (7) BUSINESS DAYS FROM WHEN EACH SAMPLE IS PULLED IN WHICH TO HAVE THE SAMPLES TESTED AND REPORT SUCH TEST RESULTS BACK TO ONSITE. CUSTOMER ACCEPTS AND WAIVES THE RIGHT TO REJECT ANY WORK THAT IS NOT, SAMPLED, TESTED AND/OR REPORTED BACK TO ONSITE WITHIN THE AGREED TIME PERIOD.