CITY GAC TESTING RIGHTS Sample Clauses

CITY GAC TESTING RIGHTS. The City reserves the right to perform periodic, random, unannounced, testing of any reactivated GAC delivered under this Service Contract, employing the GAC sampling and testing procedures included in Appendix X. The reactivated GAC shall be tested for conformance with the Performance Standards associated with iodine number, apparent density, and abrasion, ash by an independent laboratory. Should the reactivated GAC fail any of tests conducted by the independent laboratory, the Company shall provide samples of the same lot of GAC from its manufacturing retain samples and submit them to a mutually accepted second independent laboratory for testing. Should the test results from the second independent laboratory indicate that the GAC meets specification, it shall be determined that the GAC does meet specification and no further actions shall be taken. Should the test results from the second independent laboratory confirm the results of the testing from the first independent laboratory, it shall be determined that the GAC does not meet specification. In the case that it is determined that the GAC does not meet specification, , the Parties shall discuss all possible financial and/or physical remedies, up to and including partial or total replacement of the GAC which failed the testing. The Parties shall in good faith negotiate and execute a mutually agreeable settlement. All costs associated with the failed testing shall be borne by the Company. Three (3) ‘significant’ failed test reports within a twelve (12) month period may, at the City’s discretion, result in this Service Contract being terminated by the City in accordance with Section 7.2. ‘Significant’ failed test reports are defined as test results which are out of compliance with a specification parameter by more than 10% of the numeric value of the parameter. Without limiting any of the City’s rights under this Service Contract with respect to any failure of Company compliance with the Performance Standards, other specifications listed in the Performance Standards may also be tested pursuant to this Section but shall not be cause for rejection of GAC.
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