Common use of Proof of Performance Tests Clause in Contracts

Proof of Performance Tests. After the Effective Date of this Agreement, the Operator shall provide to the City at the Operator’s expense its first proof of performance test which indicates that the Cable System meets FCC performance specifications. This proof of performance test shall be used by the City as the baseline to track technical performance. Within thirty (30) days after providing video services to its first Subscriber, the Operator shall provide to the City at the Operator’s expense, the written opinion of its general contractor indicating that the Cable System meets all FCC performance specifications.

Proof of Performance Tests. After the Effective Date of this Agreement, the Operator shall provide to the City at the Operator’s expense its first proof of performance test which indicates that the Cable Video System meets FCC performance specifications. This proof of performance test shall be used by the City as the baseline to track technical performance. Within thirty (30) days after providing video services to its first Subscriber, the Operator shall provide to the City at the Operator’s expense, the written opinion of its general contractor indicating that the Cable Video System meets all FCC performance specifications.