Power Block Performance Tests Sample Clauses

Power Block Performance Tests. (ak) The Parties agree that this Section 6.7 shall govern the performance of Power Block Performance Tests under this Agreement. All Power Block Performance Tests shall be performed in accordance with the requirements of this Agreement. The Testing Party shall bear the costs to conduct each applicable Power Block Performance Test and shall reimburse the other Parties for the reasonable, documented, out-of-pocket costs and expenses, if any, incurred by such other Parties to conduct such Power Block Performance Test (i) upon or within thirty (30) days after termination or expiration of this Agreement or (ii) if the Closing occurs, at the Closing. Without limiting the foregoing or the terms of Schedule 6.7, (i) Seller shall be responsible for providing all test instrumentation, equipment, systems, tools, material, labor (including testing specialists), utilities, and services necessary to conduct each Power Block Performance Test, and (ii) the applicable Project Purchaser shall schedule and dispatch the Power Block's electric generation units as required by the Power Block Performance Test and purchase the electric energy dispatched to such Project Purchaser therefrom pursuant to the payment terms set forth in any PPA then in effect with respect to such Power Block or, if no such agreement is then in effect or if such agreement does not address payment terms for electric energy from a Power Block Performance Test, on payment terms mutually agreed to by Seller and such Project Purchaser. If a Power Block Performance Test cannot be performed in accordance with the requirements herein at the time of a scheduled Power Block Performance Test due to an equipment failure or malfunction at the Project, a force majeure, or other unplanned outage, the Testing Party shall cause the Power Block Performance Test to be rescheduled as soon as possible after such unplanned outage has been remedied. Seller may terminate in its discretion, any Power Block Performance Test during the conduct thereof and such test shall not be deemed a "Power Block Performance Test" for purposes of Section 6.7 (other than this Section 6.7(a)); provided, that if Seller does elect to so terminate such a test, Seller shall cause the Power Block Performance Test to be rescheduled as soon as possible and shall be deemed the "Testing Party" with respect to such test for purposes of this Section 6.7(a).
Sample 1
AutoNDA by SimpleDocs
Power Block Performance Tests. The Initial Power Block Performance Test for each Power Block to be purchased by such Purchaser and, if elected by Seller or such Purchaser, a Power Block Performance Re-Test for such Power Block (or if more than one Power Block Performance Re-Test for such Power Block has been elected to be performed in accordance with Section 6.7, the Power Block Performance Re-Test most recently elected to be performed for such Power Block) shall have been performed in accordance with Section 6.7 and the Final Power Block Performance Test Results of the Initial Power Block Performance Test for such Power Block or, if a Power Block Performance Re-Test has been performed for such Power Block, the Power Block Performance Re-Test most recently elected to be performed for such Power Block shall have been delivered to such Purchaser and shall have established that (a) the Power Block NOx Emission Rate for each combustion turbine and heat recovery steam generator stack at such Power Block does not exceed the Contract NOx Emission Rate for such combustion turbine and heat recovery steam generator stack at such Power Block, (b) the Project CO Emission Rate for each combustion turbine and heat recovery steam generator stack at such Power Block does not exceed the Contract CO Emission Rate for such combustion turbine and heat recovery steam generator stack at such Power Block, (c) the Project Vibration Level (Full Load) for each turbine generator bearing of such combustion turbine, steam turbine and generator of each Power Block does not exceed the Contract Vibration Level (Full Load) for such turbine generator bearing of such combustion turbine, steam turbine and generator of such Power Block and (d) the Project Vibration Level (Start-Up and Coast-Down) for all "rotor criticals" of each Power Block does not exceed the Contract Vibration Level (Start-Up and Coast-Down) for all such "rotor criticals" of such Power Block.
Sample 1

Related to Power Block Performance Tests

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • 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 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.

  • KEY PERFORMANCE INDICATORS (a) The Custodian and the Funds may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that any such key performance indicators (hereinafter referred to as “KPIs” or, individually as a “KPI”) shall be agreed upon in writing by the parties and shall be reflected in one or more schedules to this Agreement. The Custodian and the Funds acknowledge that any failure to perform in accordance with KPIs shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies provided that such failure may be a breach giving rise to contractual or other remedies if it is persistent and not remedied after consultation. Nothing in this Section 11 shall modify any party’s applicable standard of care under this Agreement; nor shall any meeting or discussion among the parties regarding KPIs be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement.

  • Performance Excused Continued performance of a Service may be suspended immediately to the extent caused by any event or condition beyond the reasonable control of the Party suspending such performance including, but not limited to, any act of God, fire, labor or trade disturbance, war, civil commotion, compliance in good faith with any law, unavailability of materials or other event or condition whether similar or dissimilar to the foregoing (each, a “Force Majeure Event”).

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • 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.

  • 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.

  • Assist Performance Seller shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Buyer’s obligations to consummate the transactions contemplated hereby which are dependent upon the actions of Seller and to work with Buyer to make and/or obtain any necessary filings and consents. Seller shall cause Split-Off Subsidiary to comply with its obligations under this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!