Performance Guarantees and Tests Sample Clauses

Performance Guarantees and Tests. Each PO shall specify the performance guarantees (“Performance Guarantees”) (the terms of which performance guarantees are summarized on Exhibit D attached hereto) that shall be met during the tests to be performed in accordance with the PO (“Performance Tests”). Each PO shall set forth detailed procedures for the Performance Tests. In recognition that the performance of the first Core System to be started-up shall have more uncertainty with respect to performance than subsequent Core Systems, the Parties have agreed that the first PO shall have more lenient provisions regarding certain aspects of performance guarantees, warranties, costs, schedule, or other commitments; provided that the POs shall have mutually agreed provisions to address the possibility that a Core System under PO #2 or PO #3 could conceivably achieve Start-Up prior to the Start-Up of the Core System under PO #1.
Sample 1
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Performance Guarantees and Tests. 16.1. Contractor shall perform all tests of the Project in accordance with the provisions of Exhibit D. Contractor shall provide Owner with proposed test and commissioning procedures, standards, protective settings, and the testing and commissioning program to be followed by Contractor not less than one hundred fifty (150) days prior to the date on which Contractor anticipates the commencement of the Performance Tests. Contractor and Owner shall cooperate reasonably to reach agreement on such test and commissioning procedures, standards, protective settings, and test and commissioning program to be followed by Contractor not less than ninety (90) days prior to the date on which Contractor anticipates commencing the Performance Tests.
Sample 1
Performance Guarantees and Tests. 58 13.1 Performance Guarantees and Other Requirements 58 13.2 Start up and Commissioning Procedures 59 13.3 Acceptance Test Procedures 59 13.4 Acceptance Test Schedules 59 13.5 Testing 59 13.6 Non-Conforming Work 59 13.7 Certificate of Completion of Testing 60 13.8 Revenues 60 13.9 Post Test Modifications 60
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Performance Guarantees and Tests 
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Related to Performance Guarantees and Tests

  • Performance Guarantees Any performance guarantees applicable to the Aircraft will be expressly included in this Agreement. Where performance guarantees are included in this Agreement other than within the Detail Specification, such guarantees will be treated as being incorporated in the Detail Specification by this reference.

  • Performance Guarantee The Design-Builder guarantees that the Plant will meet the performance criteria listed in Exhibit A (the “Performance Guarantee Criteria”) during a performance test conducted and concluded pursuant to the terms hereof not later than ninety (90) Days after the date of Substantial Completion. If there is a performance shortfall, Design-Builder will pay all design and construction costs associated with making the necessary corrections. Design-Builder retains the right to use its sole discretion in determining the method (which shall be in accordance with generally accepted construction and design-build standards of the fuel ethanol industry in the Midwest United States) to remedy any performance related issues.

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

  • Performance Guaranty Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation.

  • Performance Warranty Each Party hereby warrants and guarantees the performance of any and all rights and obligations of this Agreement by its Affiliates and Sublicensees.

  • 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 and Compliance with Receivables and Contracts At its expense, timely and fully perform and comply with all material provisions, covenants and other promises, if any, required to be observed by the Issuer under the Contracts related to the Receivables.

  • EXCLUSIVE GUARANTEES The only performance guarantees applicable to the Aircraft are those set forth in this Attachment.

  • Performance and Enforcement of Receivables Sale Agreement Seller will, and will require each Originator to, perform each of their respective obligations and undertakings under and pursuant to the Receivables Sale Agreement, will purchase Receivables thereunder in strict compliance with the terms thereof and will vigorously enforce the rights and remedies accorded to Seller under the Receivables Sale Agreement. Seller will take all actions to perfect and enforce its rights and interests (and the rights and interests of Agent and the Purchasers as assignees of Seller) under the Receivables Sale Agreement as Agent may from time to time reasonably request, including, without limitation, making claims to which it may be entitled under any indemnity, reimbursement or similar provision contained in the Receivables Sale Agreement.

  • Indenture and Guarantees The Company has issued the Securities under an Indenture dated as of [ ], [ ] (the "Indenture") between the Company, the Trustee and the Collateral Agent. This Security is one of an issue of 15.5% First Mortgage Notes Due 2006 of the Company issued, or to be issued, under the Indenture. The terms of the Securities include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 (15 U.S. Code xx.xx. 77aaa-77bbbb), as amended from time to time ("TIA"). The Securities are subject to all such terms, and Holders are referred to the Indenture and the TIA for a statement of them. Capitalized and certain other terms used herein and not otherwise defined have the meanings set forth in the Indenture. The Securities are [secured] obligations of the Company limited in aggregate principal amount to $[ ]. Payment on each Security is guaranteed on a senior [secured] basis by the Guarantors pursuant to Article Ten of the Indenture. The Indenture limits, among other things, the incur- rence of Indebtedness by the Company and its Subsidiaries; the creation of Liens by the Company and its Subsidiaries; purchases, redemptions, and other acquisitions or retirements of Capital Stock of the Company and its Subsidiaries; transactions by the Company and its Subsidiaries with their respective Affiliates; and the ability of the Company or any of its Subsidiaries to merge with or into another entity. The limitations are subject to a number of important qualifications and exceptions. The Company must report to the Trustee annually on compliance with the limitations contained in the Indenture.

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