Common use of Performance Testing Requirement Clause in Contracts

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.