PERFORMANCE DEMONSTRATION Sample Clauses

PERFORMANCE DEMONSTRATION. Prior to the delivery of the first ODE II System and the first AccuFlex System, MTS shall conduct a performance test of each system at its facility at a mutually agreed upon time on a day not less than five (5) days after MTS provides written notice to Customer (unless Customer agrees to an earlier date), which test shall consist of thirty (30) consecutive minutes of running time. During the performance test, (i) the ODE II System must accurately fill cards at a rate of at least [*] cards per minute, or at least [*] cards accurately produced in the 30 consecutive minute period, and (ii) the AccuFlex System must accurately fill cards at a rate of at least [*] cards per minute, or a total of at least [*] cards accurately produced in the 30 consecutive minute period. A representative of Customer will observe each performance test and validate that each of the first ODE II System and AccuFlex System has met the minimum performance standards set forth in this Section 6.1 prior to MTS delivering the OnDemand Systems to Customer; provided, however, if Customer elects not to observe said testing, or is not present at the MTS facility at the mutually agreed testing time, then Customer shall be deemed to have waived its observation right, in which case MTS shall certify the test results and deliver to Customer such results (which must meet the minimum performance standards set forth in this Section 6.1) prior to MTS delivering the OnDemand Systems to Customer.

PERFORMANCE DEMONSTRATION. (a) The “Performance Demonstration Period” shall be a period commencing on the earlier of the Infrastructure Performance Demonstration Commencement Date and the LRV Performance Demonstration Commencement Date, and terminating on the later of: (i) the termination or expiry of the Infrastructure Performance Demonstration Period under the Project Agreement; and (ii) the termination of the LRV Performance Demonstration Period under the LRV Contract. (b) During the Infrastructure Performance Demonstration Period, Project Co shall comply with its obligations under Schedule 7 [Performance Demonstration Requirements] to the Project Agreement, including: (i) identify and report any failures and incidents attributable to the Infrastructure; (ii) provide all personnel and equipment necessary or required to conduct such monitoring activities where the required information cannot be obtained from Infrastructure sub-systems which will feed into the future ICS; (iii) allow the City to witness any monitoring activities undertaken pursuant to Section 8.2(b) during the Infrastructure Performance Demonstration Period. Project Co shall keep an up-to-date Infrastructure Performance Demonstration activity schedule for the City’s information; and (iv) identify and report to the members of the Performance Demonstration Committee any failures and incidents attributable to Project Co. (c) During the Performance Demonstration Period, Operator shall: (i) perform the OM&R Services; (ii) record on-time performance; (iii) identify all Train Delays and make the initial identification of the underlying root cause; (iv) provide information from the ICS that is relevant to any failure or incident and is necessary to determine the underlying root cause; (v) identify and report to the members of the Performance Demonstration Committee any failures and incidents attributable to Operator; and (vi) provide all personnel (including LRV drivers) and equipment necessary or required to perform such services. (d) During the LRV Performance Demonstration Period, LRV Supplier shall: (i) monitor System Ride Quality in accordance with the requirements of the LRV Contract; (ii) perform Internal Noise monitoring on the LRVs; (iii) provide all personnel and equipment necessary or required to conduct such monitoring activities where the required information cannot be obtained from Infrastructure sub-systems which shall feed into the future ICS; and (iv) identify and report to the members of the Performance D...