Performance Testing Requirement Sample Clauses

Performance Testing Requirement. Seller shall be obligated to conduct Performance Testing prior to and/or during the Delivery Term as specified in this Section 3.11 or in Section 4.2. Performance Testing may include an Initial Performance Test, a Buyer’s Performance Test, a Seller’s Performance Test or an Other Test. (i) Seller shall conduct an Initial Performance Test [for New Facilities: at least thirty (30) days prior to the Initial Delivery date; for Existing Facilities: no later than thirty (30) days after the Initial Delivery Date], the results of which shall be applicable to Seller as of the Initial Delivery Date. Buyer may elect to substitute for the Initial Performance Test a Buyer’s Performance Test to be performed within sixty (60) days after the Initial Delivery Date, the results of which test will apply retroactively, as of the Initial Delivery Date. (ii) During each Contract Year of the Delivery Term, Buyer may request Seller to perform up to two Performance Tests upon Notice of no less than twenty-four (24) hours. Buyer’s decision to forgo any such test shall not be deemed a waiver of Buyer’s right to require any subsequent test.
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Performance Testing Requirement. Seller shall conduct Performance Tests prior to and during the Delivery Term as specified in this Section 10.2. (i) Seller shall conduct an Initial Performance Test at least thirty (30) days prior to the Initial Delivery Date. The Initial Performance Test will be used to determine whether Seller has met the criteria to be declared Commercially Operable. (ii) During each Contract Year of the Delivery Term, Buyer may request Seller to perform up to two Buyer’s Performance Tests upon Notice of no less than twenty-four (24) hours. Buyer’s decision to forgo any such test is not a waiver of Buyer’s right to require any subsequent test.
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Performance Testing Requirement. Seller shall be obligated to conduct Performance Testing prior to and/or during the Delivery Term as specified in this Section 3.11 or in Section 4.2. Performance Testing may include an Initial Performance Test, a Standard Performance Test, a Buyer’s Performance Test, or a Seller’s Performance Test. (i) Seller shall conduct an Initial Performance Test [for New Facilities: at least thirty (30) days prior to the Initial Delivery date; for Existing Facilities: (ii) During each Contract Year of the Delivery Term, Buyer may request Seller to perform up to two Performance Tests upon Notice of no less than twenty-four
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Related to Performance Testing Requirement

  • 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).

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

  • Testing Requirements 12.1. Workplaces - 12.2. On workplaces where the value of the Commonwealth’s contribution to the project that includes the building work is at least $5,000,000, and represents at least 50% of the total construction project value or the Commonwealth’s contribution to the project that includes the building work is at least $10,000,000 (irrespective of its proportion of the total construction project value) the following minimum testing requirements must be adhered to.

  • Performance Requirements A. There is no guaranteed minimum amount of work which will be ordered under this Contract. B. The total Contract amount will not exceed $4,900,000. C. This is a Contract for work specified in individual Job Orders. Work ordered prior to but not completed by the expiration of the Contract period, and any additional work required as a result of unforeseen conditions encountered during construction up to six (6) months after the contract expiration date, will be completed with all provisions of this Contract still in force. Performance time for each Job Order issued under this Contract will be determined in accordance with the Contract. This performance time will be determined and agreed upon by both Parties for each individual Job Order. Contractor must self-perform 20% of the Work under this Contract for ‘A’ and ‘B’ licenses. Contractor must self-perform 75% of the Work under this Contract, unless otherwise approved by the County, for ‘C’ licenses. D. This is an indefinite-quantity Contract for the supplies or services specified and effective for the period stated. Work or performance shall be made only as authorized by Job Orders issued in accordance with the ordering procedures clause. The Contractor agrees to furnish to the County when and if ordered, the supplies or services specified in the Contract up to and including the quantity designated in the Job Orders issued as the maximum designated in the Contract.

  • Forecasting Requirements 19.5.1 The Parties shall exchange technical descriptions and forecasts of their Interconnection and traffic requirements in sufficient detail necessary to establish the Interconnections necessary for traffic completion to and from all Customers in their respective designated service areas.