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

  • Standard of Performance The Executive will perform his duties under this Agreement with fidelity and loyalty, to the best of his ability, experience and talent and in a manner consistent with his duties and responsibilities.

  • Excuse of Performance Grantor's and Licensee's performance (other than Licensee's obligation to pay for Products or other fees or monetary obligations in accordance herewith, which shall not be excused) hereunder shall be excused if (but only for so long as) any of the following conditions or events occur and are continuing: Labor conflicts, strikes, lock-outs, fires, explosions, war, civil disturbances, unforeseen military action, governmental action, requisitions or seizures, delays of subcontractors or vendors, unavailability of raw materials or transport facilities, acts of God or nature, or any other condition or event which is beyond the reasonable control of Grantor or Licensee, as the case may be.

  • Time of Performance Except as expressly otherwise herein provided, with respect to all required acts of Tenant, time is of the essence of this Lease.

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

  • Prevention of Performance The Custodian will not be responsible for any failure to perform any of its obligations (nor will it be responsible for any unavailability of funds credited to the Cash Account) if such performance is prevented, hindered or delayed by a Force Majeure Event, in such case its obligations will be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Custodian, such as restrictions on convertibility or transferability, requisitions, involuntary transfers, unavailability of communications system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.

  • 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 Extend the period of performance by one (1) year from 31 December 2001 to 31 December 2002. The total period of performance now is from 1 March 1996 to 31 December 2002.

  • Suspension of Performance During the period that the performance by one of the parties of its obligations under this Agreement has been suspended by reason of an event of Force Majeure, the other party may likewise suspend the performance of all or part of its obligations hereunder to the extent that such suspension is commercially reasonable.

  • Standards of Performance Executive will at all times faithfully, industriously and to the best of his/her ability, experience and talents perform all of the duties required of and from him/her pursuant to the terms of this Agreement. Executive will devote his/her full business energies and abilities and all of his/her business time to the performance of his/her duties hereunder and will not, without the Company’s prior written consent, render to others any service of any kind (whether or not for compensation) that, in the Company’s sole but reasonable judgment, would interfere with the full performance of his/her duties hereunder. Notwithstanding the foregoing, Executive is permitted to spend reasonable amounts of time to manage his/her personal financial and legal affairs and, with the Company’s consent which will not be unreasonably withheld, to serve on one civic, charitable, not-for-profit, industry or corporate board or advisory committee, provided that such activities, individually and collectively, do not materially interfere with the performance of Executive’s duties hereunder. In no event will Executive engage in any activities that could reasonably create a conflict of interest or the appearance of a conflict of interest. Executive shall be subject to the Company’s policies, procedures and approval practices, as generally in effect from time to time.

  • Manner of Performance All Alterations must be performed: (i) in accordance with the approved plans, specifications and working drawings; (ii) in a lien-free and first-class and workmanlike manner; (iii) in compliance with all applicable permits, laws, statutes, ordinances, rules, regulations, orders and rulings now or hereafter in effect and imposed by any governmental agencies and authorities which assert jurisdiction; (iv) in such a manner so as not to interfere with the occupancy of any other tenant in the Building, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building; and (v) at such times, in such manner, and subject to such rules and regulations as Landlord may from time to time reasonably designate.

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