Guaranteed Performance Tests Sample Clauses

Guaranteed Performance Tests. (a) After Contractor has achieved Interim Completion, and if the Ethanol Plant is capable of being operated safely, normally and continuously in accordance with the requirements of this Agreement at all operating levels specified in the Scope of Work, and after complying with the notice provisions of Section 10.01(b), Contractor shall conduct the Guaranteed Performance Tests in accordance with the terms of this Agreement, including the Scope of Work. If, except in the event of Owner’s breach of its obligations under this Agreement, the Ethanol Plant fails all or any part of a Guaranteed Performance Levels, as determined in accordance with the Scope of Work and Section 11.09, Contractor shall take appropriate corrective action and the Guaranteed Performance Tests shall be performed again. If the Ethanol Plant fails all or any part of the retest, Contractor shall take appropriate corrective action and the Guaranteed Performance Tests shall be repeated. Subject to the terms and conditions contained herein, so long as Contractor is paying when due Schedule Liquidated Damages and/or Performance Liquidated Damages (as applicable), Contractor may repeat the Guaranteed Performance Tests as it determines necessary until the earlier of (i) the successful completion of the Guaranteed Performance Tests that meet Guaranteed Performance Levels, (ii) one hundred eighty (180) days after the Guaranteed Substantial Completion Date (as may be extended under the terms of this Agreement) or (iii) the earlier termination of this Agreement. Contractor shall provide a written report of the results of each Guaranteed Performance Tests to Owner, the Owner’s Engineer. Any dispute arising under this Section 10.03(a) will be determined in accordance with Article XVII.
Sample 1
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Guaranteed Performance Tests. (a) After each Phase has achieved the Minimum Performance Levels necessary for Commercial Operation as determined pursuant to Section 11.09(a), and the Phase is capable of being operated safely, normally and continuously in accordance with the requirements of this Agreement at all operating levels specified in the Scope of Work (although minor portions of such Phase not essential to its safe continuous and reliable operation may remain to be completed), and after complying with the notice provisions of Section 10.01(b), Contractor shall conduct the Guaranteed Performance Tests for such Phase in accordance with the terms of this Agreement, including the Scope of Work. If the Phase fails all or any part of a Guaranteed Performance Test as determined in accordance with the Scope of Work and Section 11.09(b), Contractor shall take appropriate corrective action and the Guaranteed Performance Test shall be performed again. If the Phase fails all or any part of the retest, Contractor shall take appropriate corrective action and the Guaranteed Performance Test shall be repeated. Subject to the terms and conditions contained herein, so long as Contractor is paying when due Schedule Liquidated Damages (if applicable), Contractor may repeat the Guaranteed Performance Test for a Phase as it determines necessary until one hundred eighty (180) days after the Commercial Operation Date for such Phase or the earlier termination of this Agreement. Contractor shall provide a written report of the results of each Guaranteed Performance Test to Owner, the Facilities Engineer and the Financing Parties. (b) If the results of additional Guaranteed Performance Tests continue to demonstrate that the Plant fails to meet the Guaranteed Performance Levels and all other requirements for Final Acceptance have been met, at any time after the Phase II Guaranteed Commercial Operation Date and prior to termination of this Agreement, the Contractor may, at its discretion, submit a notice to Owner of Final Acceptance in accordance with Section 10.07 and pay the applicable damages pursuant to Section 11.05. Providing that Guaranteed Performance Tests demonstrate that the Plant continues to achieve Minimum Performance Levels necessary for Commercial Operation and for Final Acceptance as determined pursuant to this Agreement, if Contractor elects to accept liquidated damages for certain performance guarantees pursuant to Section 11.05 in lieu of achieving Guaranteed Performance Levels, Contracto...
Sample 1
Guaranteed Performance Tests. The following tests shall be performed prior to Final Acceptance to demonstrate compliance with the Plant Performance Guarantees stated in Article XI: - Net Capacity Heat Rate Test - 200 Hour Reliability Test - Emissions Test - Noise Test
Sample 1

Related to Guaranteed Performance Tests

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Portfolio Expense and Performance Data The Fund shall provide such data regarding each Portfolio’s expense ratios and investment performance as the Company shall reasonably request, to facilitate the registration and sale of the Variable Contracts. Without limiting the generality of the forgoing, the Fund shall provide the following Portfolio expense and performance data on a timely basis to facilitate the Company’s preparation of its annually updated registration statement for the Variable Contracts (and as otherwise reasonably requested by the Company), but in no event later than 75 calendar days after the close of each Portfolio’s fiscal year:

  • Excused Performance If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that:

  • PAYMENT AND PERFORMANCE OF LIABILITIES The Borrowers shall pay each payment Liability when due (or when demanded, if payable on demand) and shall promptly, punctually, and faithfully perform each other Liability.

  • Performance Obligations The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing.

  • Continued Performance The fact that the dispute resolution procedures specified in this Section 13 shall have been or may be invoked shall not excuse any party from performing its obligations under this Agreement, and during the pendency of any such procedure all parties shall continue to perform their respective obligations in good faith, subject to any rights to terminate this Agreement that may be available to any party.

  • Assist Performance Seller shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Buyer’s obligations to consummate the transactions contemplated hereby which are dependent upon the actions of Seller and to work with Buyer to make and/or obtain any necessary filings and consents. Seller shall cause Split-Off Subsidiary to comply with its obligations under this Agreement.

  • Capacity and Performance (a) During the term hereof, the Executive shall serve the Company as its Vice President and Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to time.

  • Payment and Performance The Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. The Borrower will cause each other Loan Party to observe, perform and comply with every such term, covenant and condition in any Loan Document.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

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