Increased Oversight, Testing and Inspection Sample Clauses

Increased Oversight, Testing and Inspection. 3.4.2.1 In addition to other remedies available under this Agreement, IFA shall be entitled to change the type and/or increase the level of its Oversight of the Project and Developer’s compliance with its obligations under the PPA Documents, in such manner and to such level as IFA sees fit, if at any time: a. The number of Uncured Noncompliance Points assessed against Developer equals or exceeds (i) 50, for any date occurring prior to three (3) months after the Substantial Completion Date or (ii) 40, for any date occurring on or after three (3) months after the Substantial Completion Date; b. There exists a Persistent Developer Default; or c. Developer receives one or more Warning Notices or Notices of Developer Default that may become a Default Termination Event as set forth in Section 20.3.1. 3.4.2.2 If IFA changes the type or increases the level of its Oversight pursuant to Section 3.4.2.1, then Developer shall pay and reimburse IFA within thirty (30) days after receipt of written demand and reasonable supporting documentation all reasonable increased costs and fees IFA incurs in connection with such action, including IFA’s Recoverable Costs. Such obligation to pay and reimburse shall apply to all changes in the type or increases in the level of IFA’s Oversight occurring until Developer has: a. Reduced the number of Uncured Noncompliance Points below the threshold triggering such heightened scrutiny; b. Reduced by fifty percent (50%) the number of Uncured Noncompliance Points outstanding on the date IFA delivers the Notice invoking such heightened scrutiny; c. Fully and completely cured the breaches and failures that are the basis for a potential Default Termination Event and any other then-existing Developer Defaults; and d. Completed delivery to IFA and performance of an approved remedial plan, if at any time during which IFA is so entitled IFA changes the type and/or increases the level of Oversight and IFA also requires Developer to prepare and implement a remedial plan pursuant to Section 19.2.6. 3.4.2.3 The foregoing does not preclude IFA, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and other Oversight at other times.
Sample 1Sample 2Sample 3See All (10)
AutoNDA by SimpleDocs
Increased Oversight, Testing and Inspection. 6.6.1 If at any time (a) Developer is assessed more than [50] Noncompliance Points in any one year period; (b) more than [100] Noncompliance Points in any [three] year period; or (c) Developer accumulates more than [75] instances of Noncompliance included in Appendix 5, as it may be amended, in any [three] year period, then, in addition to other remedies available under the Contract Documents, the Department shall be entitled, at Developer’s expense, to increase the level of monitoring, inspection, sampling, measuring, testing, auditing and oversight of the Project and Developer’s compliance with its obligations under this Agreement, to such level as the Department sees fit, until such time as Developer has demonstrated to the reasonable satisfaction of the Department that Developer: 6.6.1.1 Has reduced the number of Noncompliance Points below the threshold triggering such heightened scrutiny; 6.6.1.2 Is diligently pursuing cure of all other instances of Noncompliance that have resulted in assessment of Noncompliance Points, has a written plan on how to cure the instances of Noncompliance, and has a deadline by which it will remedy each instance of Noncompliance; 6.6.1.3 Has cured any then-existing Developer Defaults, except a Developer Default based on a Persistent Developer Noncompliance; and 6.6.1.4 Will perform and is capable of performing its obligations under the Contract Documents. 6.6.2 The foregoing does not preclude the Department, at its sole discretion and expense, from increasing its level of monitoring, inspection, sampling, measuring, testing, auditing and oversight at other times.
Sample 1Sample 2See All (5)
Increased Oversight, Testing and Inspection. 17.3.8.1 Upon GDOT’s delivery of notice of DB Team Default for any of the following breaches or failures to perform and DB Team’s failure to fully cure and correct, within the applicable cure period, if any, available to DB Team under Article 17.1.2, GDOT shall have the right and authority to suspend any affected portion of the Work by written order to DB Team. 17.3.8.2 If GDOT cannot confirm that: (a) a portion of the Design Work or the Construction Work is in accordance with the requirements of the DB Documents due to a lack of documented inspection or testing by DB Team as required under the DB Documents, or (b) DB Team is implementing, revising, or updating a testing and inspection plan in accordance with the DB Documents for the Design Work or the Construction Work, GDOT shall have the right but not the obligation to inform DB Team that increased monitoring, inspection, sampling, measuring, testing and oversight should be provided. If the increased monitoring, inspection, sampling, measuring, testing and oversight reveal: (i) a failure to perform such Work in accordance with the Quality Management Plan, (ii) that the Quality Management Plan does not comply with the DB Documents, or (iii) that such Work is not in accordance with the DB Documents, DB Team shall be responsible for the costs of such increased monitoring, inspection, sampling, measuring, testing and oversight as described in Article 17.3.
Sample 1Sample 2
Increased Oversight, Testing and Inspection. 8.5.1 If at any time Developer is assessed Noncompliance Points, or accumulates Noncompliance Instances, in excess of the applicable Increased Oversight Threshold, then, in addition to other remedies available under the Contract Documents, the Owner shall be entitled, at Developer’s reasonable expense, to increase the level of Oversight of the Project and Developer’s compliance with its obligations under this Agreement, to such level as the Owner reasonably sees fit, in its reasonable discretion, until such time as Developer has demonstrated to the reasonable satisfaction of the Owner that Developer: 8.5.1.1 Has reduced the number of Noncompliance Points below the threshold triggering such heightened scrutiny; 8.5.1.2 Is diligently pursuing cure of all other instances of Noncompliance; 8.5.1.3 Has cured any then-existing Developer Defaults, except a Developer Default based on a Persistent Developer Noncompliance; and 8.5.1.4 Will perform and is capable of performing its obligations under the Contract Documents.
Sample 1

Related to Increased Oversight, Testing and Inspection

  • TESTING AND INSPECTION 6.1 Pre-Commercial Operation Date Testing and Modifications.

  • Equipment Testing and Inspection 2.1.1 The Interconnection Customer shall test and inspect its Small Generating Facility and Interconnection Facilities prior to interconnection. The Interconnection Customer shall notify the NYISO and the Connecting Transmission Owner of such activities no fewer than five Business Days (or as may be agreed to by the Parties) prior to such testing and inspection. Testing and inspection shall occur on a Business Day. The Connecting Transmission Owner may, at its own expense, send qualified personnel to the Small Generating Facility site to inspect the interconnection and observe the testing. The Interconnection Customer shall provide the NYISO and Connecting Transmission Owner a written test report when such testing and inspection is completed. The Small Generating Facility may not commence parallel operations if the NYISO, in consultation with the Connecting Transmission Owner, finds that the Small Generating Facility has not been installed as agreed upon or may not be operated in a safe and reliable manner. 2.1.2 The NYISO and Connecting Transmission Owner shall each provide the Interconnection Customer written acknowledgment that it has received the Interconnection Customer’s written test report. Such written acknowledgment shall not be deemed to be or construed as any representation, assurance, guarantee, or warranty by the NYISO or Connecting Transmission Owner of the safety, durability, suitability, or reliability of the Small Generating Facility or any associated control, protective, and safety devices owned or controlled by the Interconnection Customer or the quality of power produced by the Small Generating Facility.

  • Maintenance and Inspection Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

  • Tests and Inspections § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense. § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.

  • Visits and Inspections Permit representatives of the Administrative Agent or any Lender, from time to time upon reasonable prior notice to visit and inspect its properties; inspect and make extracts from its books, records and files, including, but not limited to, management letters prepared by independent accountants; and discuss with its principal officers, and its independent accountants, its business, assets, liabilities, financial condition, results of operations and business prospects.

  • Audits and Inspections At any time during normal business hours and as often as the City may deem necessary, Service Provider shall make available to the City for the City’s examination all of Service Provider’s records and documents with respect to all matters covered by this Agreement and, furthermore, Service Provider will permit the City to audit, examine and make copies, excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

  • Audit and Inspection 9.1 The Recipient, without charge, will permit any officer or officers of the Commissioner, external auditing bodies (i.

  • Maintenance and Inspection of Records A. The SERVICE PROVIDER at such times and in such forms as the CITY may require, shall furnish to the CITY such statements, records, reports, data, and information as the CITY may request pertaining to matters covered by this Agreement. B. The SERVICE PROVIDER shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit, by the CITY, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. C. To ensure the CITY’S compliance with the Public Records Act, RCW 42.56, the SERVICE PROVIDER shall retain all books, records, documents and other material relevant to this agreement, for six (6) years after its expiration. The SERVICE PROVIDER agrees that the CITY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period.

  • Maintaining Records; Access to Properties and Inspections Maintain financial records in accordance with GAAP and, upon reasonable notice, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any Significant Subsidiary during normal business hours and to discuss the affairs, finances and condition of the Borrower or any Significant Subsidiary with the officers thereof and independent accountants therefor.

  • Visitation and Inspection The Borrower will, and will cause each of its Subsidiaries to, permit any representative of the Administrative Agent or any Lender to visit and inspect its properties, to examine its books and records and to make copies and take extracts therefrom, and to discuss its affairs, finances and accounts with any of its officers and with its independent certified public accountants, all at such reasonable times as the Administrative Agent or any Lender may reasonably request after reasonable prior notice to the Borrower; provided that (a) so long as no Event of Default shall have occurred and be continuing, the Administrative Agent and the Lenders shall not make more than one (1) such visit and inspection in any Fiscal Year; (b) if an Event of Default has occurred and is continuing, no prior notice shall be required and the limitation on the number of visits and inspections shall no longer apply; (c) any such inspection and examination, copies and discussions shall not be permitted to the extent it would violate confidentiality agreements or result in a loss of attorney-client privilege or claim of attorney work product so long as the Borrower notifies the Administrative Agent of such limitation and the reason therefor; and (d) any such inspection and examination, copies and discussions shall be subject to the terms of any applicable Master Lease and the accompanying Collateral Access Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!