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.
Sample 1Sample 2
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.
Sample 1Sample 2
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 Testing (a) All performance tests of the Project, including any Initial Performance Test required in Section 2 of Appendix VIII, will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”), including additional procedures and protocols related to Performance Testing as mutually agreed between Buyer and Seller (“Test Procedures”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. (b) After the Initial Delivery Date and during the Delivery Term, Buyer will have the right to conduct a Performance Test (“Buyer Performance Test”) no more than once a calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Within 30 calendar days following a Buyer Performance Test, Seller will have the right to retest the Project with a Performance Test (“Seller Retest”). For the avoidance of doubt, the results of any Seller Retest will supersede the results of the preceding Buyer Performance Test. (i) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at or above ninety-nine percent (99%) of the Initial Contract Capacity, the Contract Capacity will remain the Initial Contract Capacity; (ii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at more than or equal to eighty-five (85%) of the Initial Contract Capacity, but less than ninety-nine percent (99%) of the Initial Contract Capacity (“Testing Band”), the Contract Capacity will be automatically adjusted (upwards or downwards) to the capacity commensurate with the amount of Distribution Services the Project delivered during the Performance Test within the Testing Band. (iii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is not capable of delivering Distribution Services of at least eighty-five percent (85%) of the Initial Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(viii).

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

  • Mileage Measurement Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. 4.

  • 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 shall conduct stability testing on the Products in accordance with the protocols set out in the Specifications for the separate fees specified in Schedule C. Patheon shall not make any changes to these testing protocols without prior written approval from the Client. In the event that any batch of Products fails stability testing, Patheon and the Client shall jointly determine the proceedings and methods to be undertaken to investigate the causes of such failure, including which party shall bear the cost of such investigation, provided that Patheon shall not be liable for any such costs unless there has been a failure by it to provide the Manufacturing Services in accordance with the Specifications and cGMPs. Patheon will provide any and all data and results relating to the stability testing upon request by the Client.

  • Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by October 31, 2024.

  • Performance Levels (a) The Performance Levels which apply to the performance by the respective Parties of their obligations under this Agreement are set out in Part 1 of Schedule 5. A failure by either Party to achieve the relevant Performance Level will not constitute a breach of this Agreement and the only consequences of such failure as between the Parties shall be the consequences set out in this Clause 6.6. (b) If the Operator does not comply with the Operator Performance Level then the Operator must pay to Aurizon Network the amount determined in accordance with Schedule 5 as part of the invoice issued by Aurizon Network for charges for the Billing Period immediately following Aurizon Network becoming entitled to that amount. Where there is no next Billing Period, the Operator must pay such amount to Aurizon Network within fourteen (14) days after receipt of a Tax Invoice from Aurizon Network. (c) If Aurizon Network does not comply with the Aurizon Network Performance Level then Aurizon Network will credit to the Operator the amount determined in accordance with Schedule 5 by way of a deduction from the invoice issued by Aurizon Network for Access Charges and other charges for the Billing Period immediately following the Operator becoming entitled to that amount. Where there is no next Billing Period, Aurizon Network must pay such amount to the Operator within fourteen (14) days after receipt of a Tax Invoice from the Operator. (d) The Parties must, if requested by either Party, meet to review the Performance Levels subject to such review not occurring within six (6) Months after the Commitment Date or any previous review of the Performance Levels. If either Party notifies the other that it considers that the Performance Levels are no longer appropriate, the Parties may, but only with the written consent of the relevant End User, agree on varied Performance Levels and any associated variations to the Agreement including [the Base Access Charges and]

  • Follow-up Testing An employee shall submit to unscheduled follow-up drug and/or alcohol testing if, within the previous 24-month period, the employee voluntarily disclosed drug or alcohol problems, entered into or completed a rehabilitation program for drug or alcohol abuse, failed or refused a preappointment drug test, or was disciplined for violating the provisions of this Agreement and Employer work rules. The Employer may require an employee who is subject to follow-up testing to submit to no more than six unscheduled drug or alcohol tests within any 12 month period.

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

  • Power Factor Design Criteria Developer shall design the Large Generating Facility to maintain an effective power delivery at demonstrated maximum net capability at the Point of Interconnection at a power factor within the range established by the Connecting Transmission Owner on a comparable basis, until NYISO has established different requirements that apply to all generators in the New York Control Area on a comparable basis. The Developer shall design and maintain the plant auxiliary systems to operate safely throughout the entire real and reactive power design range. The Connecting Transmission Owner shall not unreasonably restrict or condition the reactive power production or absorption of the Large Generating Facility in accordance with Good Utility Practice.

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