Performance Tests Conditions Sample Clauses

Performance Tests Conditions. As soon as practicable after completion of the Handling Trials, Performance Tests shall be carried out to determine the extent to which the Binary Plant will achieve the Performance Guarantees. Test procedures shall be developed by the Contractor and provided in its Commissioning and Performance Testing Plan. Performance Tests shall not proceed without the Owner having reviewed and agreed the appropriate test procedures according to the Terms and Conditions. All test instrumentation required for the Performance Tests but not forming part of the Permanent Works shall be supplied by the Contractor and shall be retained by him upon the satisfactory conclusion of all such tests at site. All costs associated with the supply, calibration, installation and removal of the test instrumentation as appropriate shall be borne by the Contractor. The Owner shall be entitled to inspect valid calibration certificates issued by an independent testing laboratory or the calibration documentation supplied by the vendor for all test instruments used in the conduct of the Performance Tests. The difference between the certification date and the actual Performance Test start date shall not be greater than three months. Where the installed plant instrumentation is used for the tests, calibration checks shall be conducted less than 60 days prior to the tests and the Contractor shall give the Owner at least three days prior notice of such checks so that the Owner may attend if the Owner so desires. The Performance Tests shall be carried out in accordance with the following conditions:
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Related to Performance Tests Conditions

  • 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.

  • Vendor’s Conditions The obligations of the Vendors to complete the transactions contemplated by this Agreement shall be subject to the satisfaction of, or compliance with, at or before the Closing Time, each of the following conditions precedent (each of which is hereby acknowledged to be inserted for the exclusive benefit of the Vendor and may be waived by the Vendor in whole or in part);

  • 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.

  • 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.

  • Performance Condition Notwithstanding the vesting schedule stated in the Award Notification, your Restricted Stock Units shall not vest unless the Company achieves positive Adjusted Net Earnings in any fiscal year during the term of the Award. “Adjusted Net Earnings” means net earnings determined in accordance with GAAP as publicly reported by the Company for a fiscal year, adjusted to eliminate the following: (1) the cumulative effect of changes in GAAP; (2) gains and losses from discontinued operations; (3) extraordinary gains or losses; and (4) any other unusual or nonrecurring gains or losses which are separately identified and quantified, including merger related charges. 

  • Buyer’s Conditions The obligations of Buyer at the Closing are subject, at the option of Buyer, to the satisfaction at or prior to the Closing of the following conditions:

  • 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.

  • Payment Conditions All payments due hereunder are payable in United States dollars. No transfer, exchange, collection or other charges, including any wire transfer fees, shall be deducted from such payments. For sales of Licensed Products in currencies other than the United States, LICENSEE shall use exchange rates published in The Wall Street Journal on the last business day of the calendar quarter for which such payment is due.

  • Performance Standards The Custodian shall use its best efforts to perform its duties hereunder in accordance with the standards set forth in Schedule C hereto. Schedule C may be amended from time to time as agreed to by the Custodian and the Trustees of the Fund.

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