Exit Test Sample Clauses

Exit Test. An exit test (the “Exit Test”) will be commenced at least six (6) months prior to the expiration or, to the extent practicable, termination of this Agreement to confirm that the Operator has completed or will cure maintenance deficiencies and complete any Capital Improvements which are required to have been completed prior to the Termination Date and have been previously determined to be incomplete as noted by the District pursuant to the most recently conducted review of the condition of the System. The District shall have the right in consultation with the Operator to establish the specific requirements and parameters of the Exit Test which will be conducted in accordance with the policies and procedures mutually agreed to by the Parties. If, as a result of such Exit Test, an independent engineer selected by the District and reasonably acceptable to the Operator finds that maintenance, Capital Improvement, replacement, or remedial activities described above have not been performed in accordance with this Agreement, then the Operator shall perform such incomplete maintenance, Capital Improvement, replacement, or remedial activities prior to the expiration of this Agreement; provided that the Operator shall also receive the revenue set forth in the Budget that is related to such maintenance, Capital Improvement, replacement or remedial activities.
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Exit Test. An exit test (the "Exit Test") will be commenced six months prior to the expiration or termination of this Agreement to confirm (1) that the Manager has performed the maintenance and Major Capital Improvement and Public Work Improvements activities which were budgeted for the final year of the Agreement or as otherwise previously approved by the Authority, in such final year and (2) that the Manager has completed any remedial activities to cure maintenance deficiencies or Major Capital Improvements and Public Works Improvements which were previously determined to be incomplete as noted by the Authority pursuant to the most recently conducted review of the condition of the T&D System which review shall be conducted annually. The Exit Test shall be carried out in accordance with the provisions of Appendix 6 hereto. If, as a result of such Exit Test, an independent engineer selected by the Authority and agreed to by the Manager, finds that maintenance, Major Capital Improvement and Public Works Improvements, replacement, or remedial activities described in (1) and (2) above have not been performed in accordance with this Agreement and that the Authority has provided the funds for such activities as part of the payments made during such final year or in the case of items noted as deficiencies or incomplete items pursuant to (2) above were funded by the Authority in a previous year, then the Manager shall, in its discretion, either perform such incomplete maintenance, Major Capital Improvement, Public Works Improvements, replacement, or remedial activities without further compensation from the Authority, or within 90 days after termination of the Agreement, the Manager shall reimburse the Authority for the cost to complete such work.
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Exit Test. The following provides an overview of the scope of the "Exit Test" to be performed on behalf of the Authority in accordance with Section 8.3 of the Agreement. The Exit Test will include, topically and in detail, those reviews, evaluations, inspections, and audits as contemplated in Section 8.3 of the Agreement undertaken on behalf of the Authority periodically during the course of the Agreement for assessment of the T&D System since the last regular periodic review, including determination of the need for corrective, remedial, or replacement actions noted in previous periodic reviews performed on behalf of the Authority, but not yet corrected or completed as of the date of completion of the Exit Test. The Exit Test will include review of reporting, testing, inspection, and recordkeeping performed by or on behalf of the Manager or its Affiliates, agents or Subcontractors, including, but not limited to, the topics set forth below.
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Exit Test. Not later than 30 days after (a) the date of submittal of the Final Project Evaluation Report by the Independent Evaluator in the event the DBOM Contractor is required to perform an Exit Test pursuant to subsection 13.5(G) (End of Term Performance Evaluation) or (b) the Termination Date resulting from an early termination of this Service Agreement, the DBOM Contractor shall prepare and submit to the BWS for its approval an Exit Test Plan for Exit Testing of the Project, which shall conform to the requirements of Schedule 17 (Asset Evaluation Protocol and Exit Test Procedures and Standards) in all respects. The BWS shall submit its comments on the Exit Test Plan to the DBOM Contractor within 30 days after receipt thereof, and the DBOM Contractor thereafter shall prepare a final Exit Test Plan, incorporating the BWS’s comments, for submittal to the BWS within 10 days. Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 17 - Breach, Default, Remedies and Termination ​ In the event the DBOM Contractor is required to perform an Exit Test pursuant to subsection 13.5(G) (End of Term Performance Evaluation), then after the DBOM Contractor corrects all Project deficiencies necessary to restore the Project’s capability to meet all Performance Guarantees as required pursuant to Schedule 17 (Asset Evaluation Protocol and Exit Test Procedures and Standards) and after reasonable advance notice to the BWS, the DBOM Contractor shall perform the Exit Test of the Project. The Exit Test shall demonstrate compliance with the Exit Test Procedures and Standards for 14 consecutive days in the six month period preceding the expiration of the Term, or as soon as is reasonably practicable after the Termination Date resulting from an early termination of this Service Agreement, in accordance with Schedule 17 (Asset Evaluation Protocol and Exit Test Procedures and Standards). If the Exit Test shows that the Project is operating out of compliance with the Performance Guarantees and the other Exit Test Procedures and Standards, then within 30 days of such test results, the DBOM Contractor shall submit to the BWS a plan for remediation and retesting. The BWS shall have 30 days to approve such plan, which approval shall not be unreasonably withheld. The DBOM Contractor shall make all repairs, replacements, renewals and operating changes and take all other actions (including making all c...
Sample 1
Exit Test. An exit test (the “Exit Test”) will be commenced at least six (6) months prior to the expiration or, to the extent practicable, termination of this Agreement to confirm (1) that the Service Provider has performed or will perform the maintenance and Capital Improvement activities which were provided for in the approved or Default Budget for the final year of this Agreement or as otherwise previously approved by LIPA, in such final year and
Sample 1

Related to Exit Test

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Stock Units shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

  • Stability Testing Patheon may be requested to conduct stability testing on the Products in accordance with the protocols set out in the Specifications for the separate fees and during the time periods set out in Schedule C to a Product Agreement. Patheon will not make any changes to these testing protocols without prior written approval from Client. If a confirmed stability test failure occurs, Patheon will notify Client within one Business Day, after which Patheon and Client will jointly determine the proceedings and methods to be undertaken to investigate the cause of the failure, including which party will bear the cost of the investigation. Patheon will not be liable for these costs unless it has failed to perform the Manufacturing Services in accordance with the Specifications, cGMPs, and Applicable Laws. Patheon will give Client ail stability test data and results at Client’s request.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution.

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Financial testing The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).

  • Market disruption; non-availability 3.6.1 If and whenever, at any time prior to the commencement of any Interest Period:

  • Acceptance Testing At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters.

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

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