Performance Testing Sample Clauses

Performance Testing. (a) All performance tests of the Project, including any Initial Performance Test required in Section 2 of Appendix VIII, will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”), including additional procedures and protocols related to Performance Testing as mutually agreed between Buyer and Seller (“Test Procedures”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. (b) After the Initial Delivery Date and during the Delivery Term, Buyer will have the right to conduct a Performance Test (“Buyer Performance Test”) no more than once a calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Within 30 calendar days following a Buyer Performance Test, Seller will have the right to retest the Project with a Performance Test (“Seller Retest”). For the avoidance of doubt, the results of any Seller Retest will supersede the results of the preceding Buyer Performance Test. (i) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at or above ninety-nine percent (99%) of the Initial Contract Capacity, the Contract Capacity will remain the Initial Contract Capacity; (ii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at more than or equal to eighty-five (85%) of the Initial Contract Capacity, but less than ninety-nine percent (99%) of the Initial Contract Capacity (“Testing Band”), the Contract Capacity will be automatically adjusted (upwards or downwards) to the capacity commensurate with the amount of Distribution Services the Project delivered during the Performance Test within the Testing Band. (iii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is not capable of delivering Distribution Services of at least eighty-five percent (85%) of the Initial Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(viii).

Performance Testing. 7.2.1 The Design-Builder shall direct and supervise the tests and, if necessary, the retests of the Plant using Design-Builder’s supervisory personnel and the Air Emissions Tester shall conduct the air emissions test, in each case, in accordance with the testing procedures set forth in Exhibit A (the “Performance Tests”), to demonstrate, at a minimum, compliance with the Performance Guarantee Criteria. Owner is responsible for obtaining Air Emissions Tester and for ensuring Air Emissions Tester’s timely performance. Design-Builder shall cooperate with the Air Emissions Tester to facilitate performance of all air emissions tests. Design-Builder shall not be held responsible for the actions of Owner’s employees and third parties involved in the Performance Testing, including but not limited to Air Emissions Tester. 7.2.2 No later than thirty (30) Days prior to the earlier of the Scheduled Substantial Completion Date or Substantial Completion, Design-Builder shall provide to Owner for review a detailed testing plan for the Performance Tests (other than for air emissions). Owner and Design-Builder shall agree upon a testing plan that shall be consistent with the Performance Test Protocol contained in Exhibit A hereto. After such agreement has been reached, Design-Builder shall notify the Owner five (5) business days prior to the date Design-Builder intends to commence the Performance Tests and shall notify the Owner upon commencement of the Performance Tests. Owner and Independent Engineer each have the right to witness all testing, including the Performance Tests and any equipment testing, whether at the Site or at the Subcontractor’s or equipment supplier’s premises during the course of this Agreement. Notwithstanding the foregoing sentence, Owner shall bear the costs of providing a witness to any such testing and all such witnesses shall comply at all times with Design-Builder’s, Subcontractor’s or equipment supplier’s safety and security procedures and other reasonable requirements, and otherwise conduct themselves in a manner that does not interfere with Design-Builder’s, Subcontractor’s or equipment supplier’s activities or operations. 7.2.3 Design-Builder shall provide to Owner a Performance Test report (excluding results from air emissions testing), including all applicable test data, calculations and certificates indicating the results of the Performance Tests and, within five (5) business days of Owner’s receipt of such results, Owner, Independent En...

Performance Testing. During the Contract Term, additional Storage Rating Tests shall be conducted from time to time in accordance with Exhibit C.

Performance Testing. (i) Prior to the Commercial Operation Date, Seller shall schedule and complete a test of the Storage Facility in accordance with the testing procedures, requirements and protocols set forth in Appendix B (a “Storage Contract Capacity Test”). Thereafter, at least once per year, Seller shall schedule and complete a Storage Contract Capacity Test in accordance with Appendix B. Buyer shall have the right to require a retest of the Storage Contract Capacity Test in accordance with Appendix B. (ii) Seller may schedule and deliver Test Energy to Buyer in accordance with the Scheduling Procedure in order to complete the Storage Contract Capacity Test prior to achievement of the Commercial Operation Date. In such case, the Parties shall coordinate in good faith to schedule deliveries of Test Energy to Buyer that minimizes the burden to each of the Parties, and Buyer shall receive the Test Energy. Buyer shall not be required to pay for the Test Energy and Seller shall pay any costs or additional expenses that are required for Buyer to receive the Test Energy, including but not limited to reimbursement for negative pricing, and any necessary capacity costs or reserves costs. (iii) Buyer shall have the right to send one or more representative(s) to witness all Storage Contract Capacity Tests, but Buyer will bear all costs, expenses and fees payable or reimbursable to its representative(s). Buyer shall pay for the Charging Energy used to charge the Storage Facility in connection with the first Storage Contract Capacity Test during any Contract Year. Any other costs of any Storage Facility Test, including costs for Charging Energy for subsequent Storage Contract Capacity Tests, shall be borne by Seller . (iv) Following each Storage Contract Capacity Test, Seller shall submit a testing report to Buyer in accordance with Appendix B, together with reasonable support data. If the actual capacity determined pursuant to a Storage Contract Capacity Test is less than the then-current Storage Contract Capacity, then the actual capacity determined pursuant to such Storage Contract Capacity Test shall become the new Storage Contract Capacity at the beginning of the day following the completion of the test for all purposes under this Agreement.

Performance Testing. A. When a performance test is required by either the public authority or the Contract Documents, Contractor shall: (1) Schedule the test, (2) Give adequate notice to Owner of the time and date set for the test, (3) Prepare Samples suitable for testing, and (4) Distribute test results to Owner or Owner's Representative. On request of Owner or Owner's Representative, Samples for testing shall be selected by or in the presence of Owner or Owner's Representative. B. Should any performance test disclose that materials or Work of Contractor are not in compliance with Code Requirements or the Contract Documents, Contractor shall bear the cost of replacing the materials or Work and shall pay for additional testing.

Performance Testing. Con Xxxxxx may conduct Test Events during any Capability Period of the Program Agreement in order to test Applicant’s response to a request for Load Relief. In addition, Test Events will be considered Events for purposes of calculations of Adjusted Performance Factor, and so will be part of the calculation of Average Season Performance Factor. Test Events shall last for no more than one hour.

Performance Testing. Contractor shall perform, and re-perform if necessary, the Performance Tests and the PPA Output Tests in accordance with the provisions of Section 6.2 hereof in order to demonstrate achievement of Provisional Acceptance, Interim Acceptance and/or Final Acceptance and the level of achievement of the Performance Guarantees relating thereto.

Performance Testing. The Project Facility has successfully completed all tests demonstrating satisfaction of all required performance standards under the applicable Project Documents, including without limitation verification that the Project Facility Performance Targets have been met.

Performance Testing. Subject to compliance with the Export Laws Compliance Program, NSS shall have the rights with respect to testing set forth below and in the Statement of Work.

Performance Testing. The Contractor shall complete all elements of the Site Acceptance Test as soon as is reasonably possible after the commencement of the first such test. The Contractor must demonstrate that the Guaranteed Capacity Test and Permit conditions have been met (at least to the extent the same are required to have been met to achieve Substantial Performance) simultaneously. The Site Acceptance Test shall be conducted (a) in the presence of the Owner’s Representative and, at the request of any Authority in the presence of such Authority, (b) utilizing the personnel, who shall act under the supervision and direction of the Contractor, and (c) in conformance with the Project Requirements. In the event that any test required by the Site Acceptance Test fails as a result of a defect in any Component, the Contractor shall promptly remedy the defect in the Component. No auxiliary, standby or temporary equipment or machinery may be used during the performance of the Site Acceptance Test unless otherwise approved in writing by the Owner. Each BXXX will be operated in its normal mode of operation while the Site Acceptance Test is being conducted, which shall consist of (a) the operation of the BXXX as a whole, (b) the concurrent operation of BXXX systems, and (c) the operation of all BXXX systems within the manufacturers’ specifications and without over-stressing or over-pressurizing any such systems. Within seven (7) days following the conduct of each element of the Site Acceptance Test, the Contractor shall submit to the Owner a preliminary report explaining and analyzing the tests.