Common use of Exit Test Clause in Contracts

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.

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 SystemSystem which review may be conducted periodically. 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.