Common use of Performance Tests Clause in Contracts

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.

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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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.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase and Sale Agreement

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Performance Tests. ‌ Seller Contractor 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 Contractor shall deliver to Buyer Company 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 BuyerCompany. Seller Contractor shall provide Buyer Company with notice when the Plant is ready for Performance Testing.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Contract

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