Minimum Performance Tests Sample Clauses

Minimum Performance Tests. After a Phase (a) has achieved Mechanical Completion, as determined by Contractor and approved by Owner, (b) has been synchronized with the Grid in accordance with the Scope of Work and Utility's requirements, (c) is capable of being operated safely, normally and continuously in accordance with the requirements of this Agreement at all operating conditions and modes 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 (d) is ready for the Minimum Performance Tests to be performed in accordance with this Agreement, Contractor shall conduct the Minimum Performance Tests for such Phase in accordance with the terms of this Agreement, including the Scope of Work, after complying with the notice provisions of Section 10.01(b). If a Phase fails all or any part of a Minimum Performance Test as determined in accordance with the Scope of Work and Section 11.09(a), Contractor shall take appropriate corrective action and the Minimum 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 Minimum 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 Minimum Performance Test as it determines necessary prior to termination of this Agreement. Contractor shall provide a written report of the results of each Minimum Performance Test to Owner, the Facilities Engineer and the Financing Parties.
Sample 1
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Minimum Performance Tests. Prior to achieving Commercial Operations each Phase must be tested in accordance with the following tests: - Capability Verification Test - TU Capacity Test - TU Minimum Stable Load Test
Sample 1

Related to Minimum Performance Tests

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

  • Performance Requirements To receive the Monthly Capacity Payment in Section 8.1.2.1, Seller shall provide the Contract Capacity in each Peak Month for all on-peak hours as such peak hours are defined in Edison's Tariff Schedule No. TOU-8 on file with the Commission, except that Seller is entitled to a 20% allowance for Forced Outages for each Peak Month. Seller shall not be subject to such performance requirements for the remaining hours of the year.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Performance Standard Consultant represents and warrants that Services will be performed in a thorough and professional manner, consistent with high professional and industry standards by individuals with the requisite training, background, experience, technical knowledge and skills to perform Services.

  • Performance Review The Company will periodically review Executive’s performance on no less than an annual basis and will make adjustments to salary or other compensation, as they deem appropriate in their sole and absolute discretion.

  • Year 2000 Compliance Borrower will promptly notify the Administrative Agent in the event Borrower discovers or determines that any computer application that is material to its or any of its Subsidiaries' business and operations will not be Year 2000 compliant on a timely basis, except to the extent that such failure is not reasonably expected to be a Material Adverse Event.

  • Performance Conditions The Shares shall be issuable only if (and to the extent) that the Performance Criteria, set forth herein, are satisfied during the Performance Period. The Controller of the Company and the Compensation Committee of the Board of Directors of the Company shall certify whether, and to what extent, the Performance Criteria have been achieved. If the minimum performance is not met, no Shares shall be issued and the Award shall be forfeited.

  • KEY PERFORMANCE INDICATORS (a) The Custodian and the Funds may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that any such key performance indicators (hereinafter referred to as “KPIs” or, individually as a “KPI”) shall be agreed upon in writing by the parties and shall be reflected in one or more schedules to this Agreement. The Custodian and the Funds acknowledge that any failure to perform in accordance with KPIs shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies provided that such failure may be a breach giving rise to contractual or other remedies if it is persistent and not remedied after consultation. Nothing in this Section 11 shall modify any party’s applicable standard of care under this Agreement; nor shall any meeting or discussion among the parties regarding KPIs be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement.

  • Service Requirement Except as otherwise provided in Section 6(e) of the Plan or Section 2 of this Agreement, this Option may be exercised only while you continue to provide Service to the Company or any Affiliate, and only if you have continuously provided such Service since the Grant Date of this Option.

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