Pilot Test Units; Costs Sample Clauses

Pilot Test Units; Costs. (a) For orders of Licensed Reactors that Licensee intends to integrate into Nano Reactor Units installed at Facilities for the purpose of pilot testing and evaluation (each a "Pilot Test Unit"), Licensee will, at the time it delivers a Purchase Order to Licensor for such Reactors, pay Licensor fifty percent (50%) of the License Fees owed for such Reactors and the Parties shall initially share equally, on a 50-50 basis, all other costs associated with the manufacture, shipment, installation and testing of each such Unit, including the cost of returning the Reactors to Licensor if the Site User elects not to retain the Unit. The initial payment of License Fees to Licensor for Reactors ordered for Pilot Test Units shall be non-refundable, with the balance owed for the Reactors, and reimbursement or repayment to Licensor of the amount initially contributed to the manufacturing and installation costs for each Pilot Test Unit, paid to Licensor as provided below. Licensor will deliver the Reactors to Licensee within ninety (90) days after receiving the initial payment of License Fees. (b) For each Pilot Test Unit installed at a Facility, Licensor shall transmit a temporary site user license to Licensee, which must be executed by the Site User and returned to Licensor prior to delivery of the Reactors to Licensee. No Royalty shall accrue as a result of the operation of any Pilot Test Unit. (c) If a Site User receiving a Pilot Test Unit elects to retain the Unit after completion of the pilot test period, Licensee shall so notify Licensor and Licensor will forward to Licensee a Site User License for execution and return by Site User. Upon Licensor receiving an executed Site User License, Licensee shall immediately pay, remit and reimburse to Licensor (1) the balance of License Fees owed for the Reactors integrated into such Unit, and (2) the full amount of any manufacturing and installation costs initially paid by Licensor for such Unit. If the Site User receiving a Pilot Test Unit elects not to retain the Unit, Licensee shall remain the owner of the Unit and shall retain custody of the Reactors until the Unit is placed with a different Site User.
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Related to Pilot Test Units; Costs

  • Covered Expenses Supervisors must have received prior authorization from their Appointing Authority before incurring any expenses authorized by this Article.

  • 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 Engineer and Design-Builder will jointly inspect such Work and review the results of the Performance Tests to verify that the Performance Guarantee Criteria have been met. If Owner or Independent Engineer reasonably determines that the Performance Guarantee Criteria have not been met, Owner shall notify Design-Builder the reasons why Owner determined that the Performance Guarantee Criteria have not been met and Design-Builder shall promptly take such action or perform such additional work as will achieve the Performance Guarantee Criteria and shall issue to the Owner another notice in accordance with Section 7.2.2; provided however that if the notice relates to a retest, the notice may be provided no less than two (2) business days prior to the Performance Tests. Such procedure shall be repeated as necessary until Owner and Independent Engineer verifies that the Performance Guarantee Criteria have been met. 7.2.4 If Owner, for whatever reason, prevents Design-Builder from demonstrating the Performance Guarantee Criteria within thirty (30) Days of Design-Builder’s notice that the Plant is ready for Performance Testing, then Design-Builder shall be excused from demonstrating compliance with the Performance Guarantee Criteria during such period of time that Design-Builder is prevented from demonstrating compliance with the Performance Guarantee Criteria; provided however that Design-Builder will be deemed to have fulfilled all of its obligations to demonstrate that the Plant meets the Performance Guarantee Criteria should such period of time during which Design-Builder is prevented from demonstrating the Performance Criteria exceed thirty (30) Days or extend beyond the Final Completion Date.

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