Performance Guarantees and Tests Clause Samples

The "Performance Guarantees and Tests" clause sets out the standards and criteria that a product, service, or system must meet to be considered acceptable under a contract. It typically details the specific performance metrics, testing procedures, and timelines for verifying that the deliverables function as promised. For example, it may require that equipment achieves a certain efficiency level during a trial period or that software passes predefined acceptance tests before final payment is made. This clause ensures that the buyer receives goods or services that meet agreed-upon specifications, reducing the risk of substandard performance and providing a clear basis for recourse if requirements are not met.
Performance Guarantees and Tests. Each PO shall specify the performance guarantees (“Performance Guarantees”) (the terms of which performance guarantees are summarized on Exhibit D attached hereto) that shall be met during the tests to be performed in accordance with the PO (“Performance Tests”). Each PO shall set forth detailed procedures for the Performance Tests. In recognition that the performance of the first Core System to be started-up shall have more uncertainty with respect to performance than subsequent Core Systems, the Parties have agreed that the first PO shall have more lenient provisions regarding certain aspects of performance guarantees, warranties, costs, schedule, or other commitments; provided that the POs shall have mutually agreed provisions to address the possibility that a Core System under PO #2 or PO #3 could conceivably achieve Start-Up prior to the Start-Up of the Core System under PO #1.
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Performance Guarantees and Tests. 16.1. Contractor shall perform all tests of the Project in accordance with the provisions of Exhibit D. Contractor shall provide Owner with proposed test and commissioning procedures, standards, protective settings, and the testing and commissioning program to be followed by Contractor not less than one hundred fifty (150) days prior to the date on which Contractor anticipates the commencement of the Performance Tests. Contractor and Owner shall cooperate reasonably to reach agreement on such test and commissioning procedures, standards, protective settings, and test and commissioning program to be followed by Contractor not less than ninety (90) days prior to the date on which Contractor anticipates commencing the Performance Tests. 16.2. Upon completion of any test, Contractor and Owner shall jointly issue a certificate that testing has been done on the Project and that the agreed testing procedures have been followed. If there is a difference of opinion about any test results or the existence or correction of any defects or deficiencies claimed by Owner pursuant to Section 12.2 or 13.2 that cannot be resolved by the Parties within seven (7) days, the controversy shall be resolved by a reputable engineering firm. The Parties will cooperate in jointly deciding on such engineering firm not later than six (6) months prior to the anticipated date of Mechanical Completion. As to any difference of opinion between Contractor and Owner, each Party shall bear its own costs in connection with such procedure and shall share equally any costs of the engineering firm. Any determination of such engineering firm shall be non-binding, and either Party shall have the right following such a determination to avail itself of its rights under Article 36. 16.3. Any revenues generated by the Project during the performance of any tests or otherwise shall be paid to and for the benefit of Owner.
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Performance Guarantees and Tests 
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Related to Performance Guarantees and Tests

  • Performance Guarantees Contractor agrees to provide the County the performance guarantees specified in Attachment A and to pay any penalties incurred in accordance with the terms of Attachment A.

  • Performance Guarantee 9.4.1 The Concessionaire shall, for the performance of its obligations hereunder during the Concession Period, provide to the Authority no later than [90] days prior to expiry of the Performance Security, an irrevocable and unconditional guarantee from a Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)7 in the form set forth in Schedule-FF (the “Performance Guarantee”). Until such time the Performance Guarantee is provided by the Concessionaire pursuant hereto and the same comes into effect, notwithstanding anything contained in clause 9.3 the Performance Security shall remain in force and effect, and upon such provision of the Performance Guarantee pursuant hereto, the Authority shall release the Performance Security to the Concessionaire. 9.4.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Guarantee is not provided by the Concessionaire within a period of [90] days prior to expiry of the Performance Security, the Authority may invoke and encash the Performance Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

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

  • Performance Guaranty Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.