Common use of Retest Clause in Contracts

Retest. After the successful completion of a Test, Seller has the right, for any reason, to conduct a maximum of two (2) “Retests” at Seller’s sole expense including cost of charging the Storage Unit(s). For the avoidance of doubt, the limitation on retesting set forth in the preceding sentence does not apply to any testing of a Storage Unit other than an Initial Commercial Operation Test or Contract Capacity & Ancillary Services Test. If the Test Records records provided by Seller to SCE in accordance with PART II.E. are not in accord with the records and notes of the SCE representative who attended such Test on SCE’s behalf, SCE may require the Test to be repeated or conducted by SCE or a testing firm of SCE’s choice and attended by Seller’s representatives at Seller’s expense. The records from any Retest shall be used to determine Storage Unit performance as of the date of the original Test being repeated.

Retest. After the successful completion of a Test, Seller has the right, for any reason, to conduct a maximum of two (2) “Retests” at Seller’s sole expense including cost of charging the Storage Unit(s). For the avoidance of doubt, the limitation on retesting set forth in the preceding sentence does not apply to any testing of a Storage Unit other than an Initial Commercial Operation Test or Contract Capacity & Ancillary Services Test. If the Test Records test records and data provided by Seller to SCE in accordance with PART Part II.E. are not in accord with the records and notes of the SCE representative who attended such Test on SCE’s behalf, SCE may require the Test to be repeated or conducted by SCE or a testing firm of SCE’s choice and attended by Seller’s representatives at Seller’s expense. The records from any Retest shall be used to determine Storage Unit performance as of the date of the original Test being repeated.