Common use of Conducting the Test Clause in Contracts

Conducting the Test. 1.3.1 The DELTA-T Test Coordinator shall be provided with operating data by the OWNER 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, the DELTA-T 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 three-day (72 hour) period of operation. During the Test period, the PLANT shall be operated by the OWNER in compliance with the instructions of DELTA-T and the Delta-T Operations Manual and instructions provided by DELTA-T, including, without limitation, adjustments in temperatures, pressures, feedstock rates, steam flow, and other process control inputs, provided these adjustments do not result in unsafe 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 DELTA-T. 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. DELTA-T and OWNER shall each be given a copy of the test results. If the Performance Guarantees have been met, then OWNER shall promptly issue a notice to DELTA-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 Performance Guarantees have not been successfully completed. 1.3.2 If the 72-hour test period is interrupted for any reason within DELTA-T’s control or OWNER’S control, a new three-day test period will resume after the cause for the interruption has been corrected and the PLANT has achieved an acceptable operating capacity at substantially the same rate immediately prior to the interruption. DELTA-T and OWNER shall stop the PERFORMANCE TEST if it becomes obvious that it cannot be carried to a satisfactory conclusion in the current attempt. If the PERFORMANCE TEST has been interrupted for reasons not attributable to DELTA-T or other persons or factors within its control, and continues to be interrupted such that DELTA-T has spent a cumulative period of ten (10) calendar days on site since the commencement of the test, then OWNER shall compensate DELTA-T for the personnel that DELTA-T has on site. This compensation period shall begin on the cumulative 11th day on site, and will continue until the completion of the PERFORMANCE TEST. This compensation will cease should the inability to complete the PERFORMANCE TEST be the fault of DELTA-T or other persons or factors within its control. Compensation rates are provided in Exhibit B.1.

Conducting the Test. 1.3.1 3.3.1. The DELTADesign-T Builder’s 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 TESTPerformance Test (“Performance Test” or “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 three-7 day (72 hour) period of operation. During the Test periodperiod under the supervision of Design-Builder utilizing qualified operation and maintenance personnel provided by Owner, the PLANT Plant shall be operated by the OWNER in compliance with the instructions of DELTADesign-T and the Delta-T Builder’s Plant Operations Manual and instructions provided by DELTADesign-TBuilder, 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 DELTADesign-T. Builder. 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 Guarantees Tests have been successfully completed, a written report has been issued, and the performance guarantees have been met, then OWNER the Owner shall promptly issue a notice to DELTADesign-T Builder to such effecteffect in accordance with the Agreement. 3.3.2. If the PERFORMANCE TESTS have not been metTest is interrupted for reasons beyond Design-Builder’s control, then OWNER shall issue a written notice to DELTA-T within one (1) day of completion the portion of the PERFORMANCE TESTS indicating in what manner such Performance Guarantees have not Test period completed at the time of interruption will count towards fulfillment of the 168 hour period, and the Test will resume after the cause for interruption has been successfully completed. 1.3.2 corrected and the Equipment has commenced running at substantially the same rate as immediately prior to the interruption. If the 72-168 hour test period is interrupted for any reason within DELTADesign-TBuilder’s control or OWNER’S control, a new three-7 day continuous test period will resume after the cause for the interruption has been corrected and the PLANT Plant has achieved an acceptable operating capacity at substantially the same rate immediately prior to the interruption. DELTADesign-T Builder and OWNER Owner shall stop the PERFORMANCE TEST Performance Test if it becomes obvious that it cannot be carried to a satisfactory conclusion in the current attempt. If the PERFORMANCE TEST Performance Test has been interrupted for reasons not attributable to DELTAthe Design-T or other persons or factors within its controlBuilder, and continues to be interrupted such that DELTADesign-T Builder has spent a cumulative period of ten thirty (1030) calendar days on site since the commencement of the test, then OWNER the Owner shall compensate DELTAthe Design-T Builder for the personnel that DELTADesign-T Builder has on site. site at the rates set forth in Exhibit G. This compensation period shall begin on the cumulative 11th 31st day on site, and will continue until the completion of the PERFORMANCE TESTPerformance Test. This compensation will cease should the inability to complete the PERFORMANCE TEST Performance Test be the fault of DELTADesign-T or other persons or factors within its controlBuilder. Compensation rates are provided in Exhibit B.1NOTE: If the Plant is not operational for a period of more than 72 hours, then the Performance Test will be restarted from the beginning.

Conducting the Test. 1.3.1 The DELTA-T Test Coordinator shall be provided with operating data by the OWNER 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, the DELTA-T 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 three-day (72 hour) period of operation. During the Test period, the PLANT shall be operated by the OWNER in compliance with the instructions of DELTA-T and the Delta-T Operations Manual and instructions provided by DELTA-T, including, without limitation, adjustments in temperatures, pressures, feedstock rates, steam flow, and other process control inputs, provided these adjustments do not result in unsafe 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 DELTA-T. 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 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. DELTA-T and OWNER shall each be given a copy of the test results. If the Performance Guarantees have been met, then OWNER shall promptly issue a notice to DELTA-T to such 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 Performance Guarantees have not been successfully completed. 1.3.2 If the 72-hour test period is interrupted for any reason within DELTA-T’s control or OWNER’S control, a new three-day test period will period-Will resume after the cause for the interruption has been corrected and the PLANT has achieved an acceptable operating capacity at substantially the same rate immediately prior to the interruption. DELTA-T and OWNER shall stop the PERFORMANCE TEST if it becomes obvious that it cannot be carried to a satisfactory conclusion in the current attempt. If the PERFORMANCE TEST has been interrupted for reasons not attributable to DELTA-T or other persons or factors within its control, and continues to be interrupted such that DELTA-T has spent a cumulative period of ten (10) calendar days on site since the commencement of the test, then OWNER shall compensate DELTA-T for the personnel that DELTA-T has on site. This compensation period shall begin on the cumulative 11th day on site, and will continue until the completion of the PERFORMANCE TEST. This compensation will cease should the inability to complete the PERFORMANCE TEST be the fault of DELTA-T or other persons or factors within its control. Compensation rates are provided in Exhibit B.1.