Common use of Conducting the Test Clause in Contracts

Conducting the Test. 3.3.1. The Design-Builder’s Test Coordinator shall be provided with operating data sufficient to verify that the Plant is operating at a condition suitable for initiation of the Performance Test. At the scheduled start time of the Performance Test (“Performance Test” or “Test”), the Test Coordinator will signal that the Test has formally begun and will direct operators to take the initial test measurements. The Test will be conducted over a 7 day period of operation. During the Test period under the supervision of Design-Builder utilizing qualified operation and maintenance personnel provided by Owner, the Plant shall be operated in compliance with the Design-Builder’s Plant Operations Manual and instructions provided by Design-Builder, including, without limitation, adjustments in temperatures, pressures, feedstock rates, steam flow, and other process control inputs, provided these adjustments do not result in unsafe or extraordinary operating conditions. Plant operators will monitor and record operating data according to standard procedures and in addition will record the supplemental data specified in this protocol on data sheets in the form to be provided by Design-Builder. Records will be developed from permanent Plant equipment that is calibrated immediately prior to test. All test measurements will be reviewed by the Test Coordinator (or a designated representative). If the Test Coordinator believes that there might be a problem with the measurement method or reading, the reading will be retaken and verified by the Test Coordinator and Owner’s Representative. Immediately upon the conclusion of the Performance Test, the Test Coordinator will meet with representatives of Owner to review the test results. If the Performance Tests have been successfully completed, a written report has been issued, and the performance guarantees have been met, then the Owner shall issue a notice to Design-Builder to such effect in accordance with the Agreement.

Appears in 2 contracts

Samples: License Agreement (ASAlliances Biofuels, LLC), License Agreement (ASAlliances Biofuels, LLC)

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Conducting the Test. 3.3.1. 1.3.1 The DesignDELTA-Builder’s T Test Coordinator shall be provided with operating data by the OWNER sufficient to verify that the Plant PLANT is operating at a condition suitable for initiation of the Performance TestPERFORMANCE TEST. At the scheduled start time of the Performance Test (“Performance Test” or “Test”)PERFORMANCE TEST, the DELTA-T Test Coordinator will signal that the Test test has formally begun and will direct operators to take the initial test measurements. The Test test will be conducted over a 7 three-day (72 hour) period of operation. During the Test period under the supervision of Design-Builder utilizing qualified operation and maintenance personnel provided by Ownerperiod, the Plant PLANT shall be operated by the OWNER in compliance with the Designinstructions of DELTA-Builder’s Plant T and the Delta-T Operations Manual and instructions provided by DesignDELTA-BuilderT, including, without limitation, adjustments in temperatures, pressures, feedstock rates, steam flow, and other process control inputs, provided these adjustments do not result in unsafe or extraordinary operating conditions. Plant PLANT operators will monitor and record operating data according to standard procedures and in addition will record the supplemental data specified in this protocol on data sheets in the form to be provided by DesignDELTA-Builder. T. Records will be developed from permanent Plant plant equipment that is calibrated immediately prior to test. All test measurements will be reviewed by the Test Coordinator (or a designated representative). If the Test Coordinator believes that there might be a problem with the measurement method or reading, the reading will be retaken and verified by the Test Coordinator and Owner’s OWNER’S Representative. Immediately upon the conclusion of the Performance TestPERFORMANCE TEST, the Test Coordinator will meet with representatives of Owner OWNER to review the test results. DELTA-T and OWNER shall each be given a copy of the test results. If the Performance Tests have been successfully completed, a written report has been issued, and the performance guarantees Guarantees have been met, then the Owner OWNER shall promptly issue a notice to DesignDELTA-Builder T to such effect effect. If the PERFORMANCE TESTS have not been met, then OWNER shall issue a written notice to DELTA-T within one (1) day of completion of the PERFORMANCE TESTS indicating in accordance with the Agreementwhat manner such Performance Guarantees have not been successfully completed.

Appears in 2 contracts

Samples: Agreement (Otter Tail Ag Enterprises, LLC), Agreement (Otter Tail Ag Enterprises, LLC)

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Conducting the Test. 3.3.1. 1.3.1 The DesignDELTA-Builder’s T Test Coordinator shall be provided with operating data by the OWNER sufficient to verify that the Plant PLANT is operating at a condition suitable for initiation of the Performance TestPERFORMANCE TEST. At the scheduled start time of the Performance Test (“Performance Test” or “Test”)PERFORMANCE TEST, the DELTA-T Test Coordinator will signal that the Test test has formally begun and will direct operators to take the initial test measurements. The Test test will be conducted over a 7 three-day (72 hour) period of operation. During the Test period under the supervision of Design-Builder utilizing qualified operation and maintenance personnel provided by Ownerperiod, the Plant PLANT shall be operated by the OWNER in compliance with the Designinstructions of DELTA-Builder’s Plant T and the Delta-T Operations Manual and instructions provided by DesignDELTA-BuilderT, including, without limitation, adjustments in temperatures, pressures, feedstock rates, steam flow, and other process control inputs, provided these adjustments do not result in unsafe or extraordinary operating conditions. Plant PLANT operators will monitor and record operating data according to standard procedures and in addition will record the supplemental data specified in this protocol on data sheets in the form to be provided by DesignDELTA-Builder. T. Records will be developed from permanent Plant plant equipment that is calibrated immediately prior to test. All test measurements will be reviewed by the Test Coordinator (or a designated representative). If the Test Coordinator believes that there might be a problem with the measurement method or reading, the the. reading will be retaken and verified by the Test Coordinator and Owner’s OWNER’S Representative. Immediately upon the conclusion of the Performance TestPERFORMANCE TEST, the Test Coordinator will meet with representatives of Owner OWNER to review the test results. DELTA-T and OWNER shall each be given a copy of the test results. If the Performance Tests have been successfully completed, a written report has been issued, and the performance guarantees Guarantees have been met, then the Owner OWNER shall promptly issue a notice to DesignDELTA-Builder T to such’ effect. If the PERFORMANCE TESTS have not been met, then OWNER shall issue a written notice to DELTA-T within one (1) day of completion of the PERFORMANCE TESTS indicating in what manner such effect in accordance with the AgreementPerformance Guarantees have not been successfully completed.

Appears in 1 contract

Samples: Procurement and Construction Services (Otter Tail Ag Enterprises, LLC)

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