Common use of Performance Testing Requirement Clause in Contracts

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.

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 six (6) Buyer’s Performance Tests upon Notice of no less than twenty-four (24) hoursTests. Buyer’s decision to forgo any such test is not a waiver of Buyer’s right to require any subsequent testPerformance Test.