FAILURE OF PERFORMANCE TESTS Sample Clauses

FAILURE OF PERFORMANCE TESTS. If Seller has achieved the Performance Minimums but failed to satisfy all of the Liquidated Damage Performance Guarantees with respect to a Unit, Unit Performance Liquidated Damages shall be calculated by Buyer in accordance with Section 17.2(b) based upon the test results from the most recent Performance Tests, provided that if Seller has not elected to proceed in accordance with Section 17.2(d), Seller shall use reasonable commercial efforts to satisfy the Liquidated Damage Performance Guarantees for a period of at least thirty (30) days. Unit Performance Liquidated Damages for each Unit (based upon the most recent performance tests) for failure to satisfy any Liquidated Damage Performance Guarantees, if not previously satisfied, shall accrue under this Contract on the earlier of (i) such time as Seller, having satisfied the Performance Minimums and having used reasonable commercial efforts to satisfy the Liquidated Damage Performance Guarantees for a period of at least thirty (30) days, has notified Buyer that it accepts the results of the most recent Performance Test for such Unit as the Final Test Values, (ii) if written notice is delivered to Buyer pursuant to Section 17.2(d), at the end of any period for remedy and testing of a Unit allowed pursuant to Section 17.2(d), or (iii) ninety (90) days having passed since the beginning of initial Acceptance Testing for a Unit and Seller, having satisfied the Interim Performance Requirements but failed to achieve the Liquidated Damage Performance Guarantees for such Unit, has not elected to proceed pursuant to Section 17.2(d). In the event that Seller, having been permitted the opportunity to exercise all reasonable efforts to achieve the Performance Minimums and satisfy the Performance Guarantees, the Demonstration Test Requirements, and the Availability Test Requirements for a Unit for a period not to exceed one hundred sixty (160) days after the beginning of initial Acceptance Testing, is unable to achieve all of the Performance Minimums and to satisfy each Performance Guarantee, each Demonstration Test Requirement, and each Availability Test Requirement for a Unit, Buyer may declare that there has been a material breach and substantial nonperformance of this Contract with respect to such Unit and Buyer may thereafter pursue any and all remedies available to Buyer, at law or in equity (including termination of this Contract with respect to such Unit without payment of any Cancellation Charge and the filin...
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FAILURE OF PERFORMANCE TESTS. Within six (6) weeks of completion of failed Performance Testing, to the extent such failure is attributable to Contractor, Contractor must submit a corrective action plan to address Contractor’s portion of the failed Performance Testing complete with all drawings, data, specifications, and other information required for approval of the Work by Owner and shall complete all such corrective action as soon as reasonably possible to meet the Performance Guarantees. Following completion of the corrective action, Performance Testing of the Units shall be repeated, at Owner’s expense, to determine if the Work as so corrected complies with the Performance Guarantees.
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Related to FAILURE OF PERFORMANCE TESTS

  • Failure of Performance (Art. 44)

  • Standard of Performance Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

  • Excuse of Performance Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

  • Review of Performance The Board of Directors shall periodically review and evaluate the performance of Employee under this Employment Agreement with Employee.

  • Time of Performance Time for performance of the Scope of Services under this Agreement shall begin with receipt of the Notice to Proceed and end no later than December 31, 2026. Consultant shall complete the tasks described in the Scope of Services, within this time or within such additional time as may be extended by the County.

  • Monitoring of Performance Vendor shall continuously monitor and record its performance to ensure that all of Vendor's responsibilities and obligations hereunder are being met and fulfilled. Citizens may conduct programmatic and other administrative contract monitoring during the term of this Agreement. The purpose of this monitoring is to ensure that all of Vendor's responsibilities and obligations are being met and fulfilled. Such monitoring may include on-site visits, report reviews, invoice reviews, compliance reviews, and a review of any other areas reasonably necessary. Vendor acknowledges and agrees that Citizens may also monitor and record Vendor Staff communications to the extent they occur within or are connected to any Citizens’ resource, such as electronic or telecommunications systems.

  • Limitations of Performance The Custodian shall not be responsible under this Agreement for any failure to perform its duties, and shall not be liable hereunder for any loss or damage in association with such failure to perform, for or in consequence of the following causes:

  • PERIOD OF PERFORMANCE The period of performance for this contract begins , and ends .

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Continuity of Performance In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms.

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