Performance Tests. Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.
Performance Tests. Seller shall conduct in accordance with Appendix F (Performance Tests) (a) the Liquefaction Train Performance Tests for an individual Liquefaction Train only after such Liquefaction Train has achieved Ready for Test and (b) the Liquefaction Train System Performance Tests only after the Liquefaction Train System has achieved Ready for Test. Seller shall conduct the Performance Tests for each of the Liquefaction Trains, individually, and the Liquefaction Train System, in its entirety, with all of the Liquefaction Trains operating simultaneously, under the conditions and in strict accordance with the requirements set forth in Appendix F (Performance Tests). If (A) the Liquefaction Train Performance Tests of an individual Liquefaction Train demonstrate that the Liquefaction Train Performance Guarantees for such Liquefaction Train System have been achieved or (B) the Liquefaction Train System Performance Tests demonstrate that the Liquefaction Train System Performance Guarantees have been achieved, then Seller shall provide Buyer with written notice of such occurrence and shall provide Buyer with a test report, together with supporting documentation, demonstrating the achievement of the applicable Performance Guarantees within ten (10) Days of the date of the completion of such Performance Tests and upon receipt of such documentation Buyer shall, within ten (10) Days, either (A) confirm in writing to Seller the successful completion of the Liquefaction Train Performance Tests or the Liquefaction Train System Performance Tests or (B) provide written notice to Seller of why Buyer disagrees that the Liquefaction Train Performance Guarantees or the Liquefaction Train System Performance Guarantees have been achieved. If any Performance Test indicates that an individual Liquefaction Train or the Liquefaction Train System fails to achieve any Performance Guarantee for reasons attributable to Seller, its Affiliates or Subcontractors, then Seller shall, at its own cost and expense, take appropriate corrective action and Seller shall thereafter reperform the Performance Test. Seller’s obligation to meet the Liquefaction Train Performance Guarantees under this Clause 25 shall be satisfied when (i) all the Liquefaction Train Performance Tests have been completed, and (ii) either (1) such tests demonstrate that all Liquefaction Train Performance Guarantees are met or (2) such tests demonstrate that the Liquefaction Train Power Demand Minimum Performance Guarantee is met and...
Performance Tests. Each Seller shall perform the Performance Tests for each Purchased System that was purchased by Purchaser from such Seller under this Agreement. Such Seller’s technical personnel (or, when applicable, the installer or manufacturer’s personnel, with such Seller’s supervision) shall operate the PV Systems during the Performance Tests. If a PV System fails to pass the Performance Tests, then such Seller shall take corrective actions and repeat the Performance Tests until such PV System successfully completes the Performance Tests or the Completion Deadline, whichever occurs first.
Performance Tests. The Performance Tests are described in Exhibit R.
Performance Tests. With respect to the Gateway Expansion and the Diablo Project and following the initial borrowing of Construction Loans in connection with such Project, the Administrative Agent and the Independent Engineer shall have the right to witness and verify the Performance Tests. The Borrower shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test no less than five Business Days prior to any Performance Test. If, upon completion of any Performance Tests, the Loan Parties have decided to use such Performance Tests as the basis for declaring the applicable Substantial Completion for the applicable Project, the Borrower shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting the results of such Performance Tests, accompanied by supporting data and calculations (each, a “Performance Test Report”), and the Independent Engineer will, within five Business Days after the receipt of such Performance Test Report, (a) certify in writing to the Administrative Agent, the results of the Performance Tests and confirm that such Performance Tests were performed in accordance with applicable Prudent Industry Practice or (b) deliver a report to the Administrative Agent and the Borrower setting forth in reasonable detail any material objections of the Independent Engineer to such Performance Test Report. If any such objections are made by the Independent Engineer, then the Loan Parties shall be permitted to address such objections to the reasonable satisfaction of the Independent Engineer or conduct additional Performance Tests in accordance with this Section 5.14.
Performance Tests. Owner, with the advice of, and in conjunction with Vendor, or Vendor, with the advice of, and in conjunction with Owner, as set forth below, shall conduct the following performance tests in accordance with Exhibit C – Performance Tests and Procedures (the “Performance Tests”):
Performance Tests. Seller shall conduct or cause to be conducted the Performance Tests as soon as practicable in accordance with the Specifications, procedures and protocols of Appendix H and the other tests, procedures and protocols to be developed by the Parties. At least nine (9) months prior to the Guaranteed Substantial Completion Date, Seller shall deliver to Buyer a supplement to Appendix H further outlining the tests and procedures to be followed in conducting the Performance Tests criteria. Such supplement shall include, at a minimum, provisions addressing (a) testing procedures for each item of Equipment, (b) functional performance tests for starting up the Plant under different specified operating conditions and (c) any other activities that, in accordance with Prudent Industry Practices, should be included. Thereafter, the Parties shall promptly agree on modifications to such supplement so that Appendix H, as supplemented, is satisfactory to Buyer. Seller shall provide Buyer with notice when the Plant is ready for Performance Testing.
Performance Tests. 3.1 If relevant, performance test(s) (FAT) shall be performed and included in Supplier’s delivery. This test shall in particular satisfy the requirements specified in this Agreement. This test shall in general also verify the compliance of the Supply with rules and regulations and its fitness to perform the intended tasks. Supplier shall keep the necessary spare parts for his Supply in order to avoid delays of the delivery due to occurrences during the performance test.
3.2 In the absence, or lack of completeness of the procedures for the performance test, the Supply shall satisfy the requirements of generally accepted and applicable standards or specifications.
3.3 Unless otherwise specified, the performance test will be performed during normal working hours at Supplier’s or his subcontractor’s premises. Supplier shall render possible for a representative of WELL CLEANUP and/or End-user to attend the performance test by giving sufficient notice. Supplier shall as soon as possible after the performance test transmit a test report verifying the result of the test to WELL CLEANUP and End-user.
3.4 If any part of the Supply is found defective or not in accordance with the Agreement, Supplier must remedy the defect as soon as possible in order to ensure that the Supply complies with the Agreement.
3.5 With respect to performance test held at Supplier’s premises, Supplier shall bear all costs connected with the test except costs incurred by WELL CLEANUP and/or End-user due to their attendance at the test. With respect to tests held at WELL CLEANUP premises or at any other site requested by WELL CLEANUP beyond the requirements in the Agreement, then WELL CLEANUP shall bear all extra costs incurred as a result of change of location for this test.
Performance Tests. If Performance Tests are specified in the Owner’s Requirements, this Article shall apply. Performance Tests may be stipulated in the Owner’s Requirements to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Owner’s Requirements. Where the Owner’s Requirements stipulate that one or more of the Performance Tests shall be performed after Functional Completion, the Owner shall pay the Contractor for the Work, in accordance with this Contract, upon Functional Completion, and may, as stipulated in the Owner’s Requirements, hold back security until the Work passes the Performance Tests. Unless otherwise stipulated in the Owner’s Requirements: the Owner shall provide the necessary labour, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests; the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and the Contractor shall provide such guidance as specified in the Owner’s Requirements during the course of such Performance Tests. When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System. If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. If the Work or a System or part thereof, fails to meet one or more Performance Tests, the Owner shall promptly provide a notice of such failure to the Contractor and the Owner may: reject such Work or System, or part thereof, which has failed to pass a Performance Test; or conditionally accept such Work or System, or part thereof, on conditions which shall be stated in the notice to the Contractor. If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall: reimburse the Owner for all the Owner’s direct costs in performing such failed Performance Tests; prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; redo or repair the Work or System, or part thereof, and repair any damage to the Work or Sy...
Performance Tests. Seller shall conduct all Performance Tests after the Closing and synchronization of the Project to the interconnected electric grid. Performance Tests may be run simultaneously when possible. Exhibit J-1 and Exhibit J-2 set forth certain requirements, standards, and procedures for the performance of the Performance Tests, which shall be conducted in accordance with the Commissioning Plan and include a Performance Test Report. The Performance Test Report shall include the following information with respect to the Performance Test Results: Summary Test protocols Instrument calibration certificates Test data (manual and data acquisition) Field notes Calculations Conclusions
