TESTING AND INSPECTION Clause Samples

TESTING AND INSPECTION. To the extent applicable, VCU reserves the right to conduct any testing/inspection it may deem advisable to assure goods and services conform to the specifications/Contract.

TESTING AND INSPECTION. 6.1 Pre-Commercial Operation Date Testing and Modifications 6.2 Post-Commercial Operation Date Testing and Modifications 6.3 Right to Observe Testing 6.4 Right to Inspect

TESTING AND INSPECTION. 6.1 Pre-Commercial Operation Date Testing and Modifications. Prior to the Commercial Operation Date, Transmission Provider shall test Transmission Provider's Interconnection Facilities and Network Upgrades and Interconnection Customer shall test the Large Generating Facility and Interconnection Customer's Interconnection Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Each Party shall make any modifications to its facilities that are found to be necessary as a result of such testing. Interconnection Customer shall bear the cost of all such testing and modifications. Interconnection Customer shall generate test energy at the Large Generating Facility only if it has arranged for the delivery of such test energy.

TESTING AND INSPECTION. 6.1 Pre-Commercial Operation Date Testing and Modifications. Prior to the Commercial Operation Date, the Participating TO shall test the Participating TO’s Interconnection Facilities, Network Upgrades, and Distribution Upgrades and the Interconnection Customer shall test the Large Generating Facility and the Interconnection Customer’s Interconnection Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Each Party shall make any modifications to its facilities that are found to be necessary as a result of such testing. The Interconnection Customer shall bear the cost of all such testing and modifications. The Interconnection Customer shall not commence initial parallel operation of an Electric Generating Unit with the Participating TO’s Transmission System until the Participating TO provides prior written approval, which approval shall not be unreasonably withheld, for operation of such Electric Generating Unit. The Interconnection Customer shall generate test energy at the Large Generating Facility only if it has arranged for the delivery of such test energy.

TESTING AND INSPECTION. 29 6.1 Pre-Commercial Operation Date Testing and Modifications 29 6.2 Post-Commercial Operation Date Testing and Modifications 29 6.3 Right to Observe Testing 30 6.4 Right to Inspect 30 ARTICLE 7. METERING 30 7.1 General 30 7.2 Check Meters 31 7.3 Standards 31 7.4 Testing of Metering Equipment 31 7.5 Metering Data 31 ARTICLE 8. COMMUNICATIONS 32 8.1 Developer Obligations 32 8.2 Remote Terminal ▇▇▇▇ ▇▇ 8.3 No Annexation 32 ARTICLE 9. OPERATIONS 32 9.1 General 32 9.2 NYISO and Connecting Transmission Owner Obligations 33 9.3 Developer Obligations 33 9.4 Start-Up and Synchronization 33

TESTING AND INSPECTION. ‌ 6.1 Pre-Commercial Operation Date Testing and Modifications.‌ Prior to the Commercial Operation Date, the Connecting Transmission Owner shall test the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades and Developer shall test the Large Generating Facility and the Developer Attachment Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Developer and Connecting Transmission Owner shall each make any modifications to its facilities that are found to be necessary as a result of such testing. Developer shall bear the cost of all such testing and modifications. Developer shall generate test energy at the Large Generating Facility only if it has arranged for the injection of such test energy in accordance with NYISO procedures.

TESTING AND INSPECTION. 6.1 Pre-Commercial Operation Date Testing and Modifications. Prior to the Commercial Operation Date, the Participating TO shall test the Participating TO’s Interconnection Facilities, Network Upgrades, and Distribution Upgrades and the Interconnection Customer shall test the Large Generating Facility and the Interconnection Customer’s Interconnection Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Each

TESTING AND INSPECTION. 16 4.1 Pre-Commercial Operation Date Testing and Modifications. 16 4.2 Right to Observe Testing. 17 4.3 Right to Inspect. 17 ARTICLE 5. COMMUNICATIONS 17 5.1 Developer Obligations. 17 5.2 Remote Terminal ▇▇▇▇ ▇▇ 5.3 No Annexation. 18 ARTICLE 6. PERFORMANCE OBLIGATION 18 6.1 EPC Services. 18 6.2 Provision and Application of Security 18 6.3 Line Outage Costs 18 ARTICLE 7. INVOICE 18 7.1 General. 18 7.2 Refund of Remaining Security 19 7.3 Payment. 19 7.4 Disputes. 19 ARTICLE 8. REGULATORY REQUIREMENTS AND GOVERNING LAW 19 8.1 Regulatory Requirements. 19 8.2 Governing Law. 20 ARTICLE 9. NOTICES 20 9.1 General. 20 9.2 ▇▇▇▇▇▇▇▇ and Payments. 20 9.3 Alternative Forms of Notice 20 ARTICLE 10. FORCE MAJEURE 20 10.1 Force Majeure 20 ARTICLE 11. DEFAULT 21 11.1 Default 21 ARTICLE 12. INDEMNITY, CONSEQUENTIAL DAMAGES AND INSURANCE 21 12.1 Indemnity 21 12.2 No Consequential Damages. 23 12.3 Insurance 23 ARTICLE 13. ASSIGNMENT 25 13.1 Assignment. 25 ARTICLE 14. SEVERABILITY 25 14.1 Severability 25 ARTICLE 15. COMPARABILITY 25 15.1 Comparability 25 ARTICLE 16. CONFIDENTIALITY 26 16.1 Confidentiality 26 ARTICLE 17. ENVIRONMENTAL RELEASES 29 17.1 Developer and Affected Transmission Owner Notice 29 ARTICLE 18. INFORMATION REQUIREMENT 29 18.1 Information Acquisition. 29 18.2 Information Submission by Affected Transmission Owner. 29 18.3 Updated Information Submission by NYISO and Developer 30 18.4 Information Supplementation. 30

TESTING AND INSPECTION. 6.1 Pre-Commercial Operation Date Testing and Modifications. Prior to the Commercial Operation Date, Transmission Owner shall test the Transmission Owner’s Interconnection Facilities, Network Upgrades, Transmission Owner’s System Protection Facilities and Distribution Upgrades, and Interconnection Customer shall test each electric production device at the Generating Facility, Interconnection Customer’s System Protection Facilities, including control equipment to limit injection at the POI to the level of Interconnection Service set forth in Appendix A and the Interconnection Customer’s Interconnection Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Transmission Owner and Interconnection Customer shall make any modifications to their respective facilities that are found to be necessary as a result of such testing. Interconnection Customer shall bear the cost of all such testing and modifications. Interconnection Customer shall generate test energy at the Generating Facility only if it has arranged for the delivery of such test energy.