Power Curve Tests Sample Clauses

Power Curve Tests. To demonstrate that the Power Curve Guarantee has been fulfilled, the Buyer may elect at its own expense to cause the Units identified by the Buyer prior to the Commercial Operation of the first Unit (the “Nominated Units” as described in further detail in Appendix A, Technical Specifications) to be tested by an independent engineer reasonably acceptable to the Seller. If when first so tested the average performance of all Nominated Units fails to meet the Power Curve Guarantee, then: (a) the Seller shall reimburse the Buyer for the cost of the initial test; (b) during the three (3) months next following such test, the Seller shall be afforded thirty (30) continuous days of access to each of the Nominated Units to undertake adjustments, and no later than the end of such three-month period the Seller shall re-test the Nominated Units at its sole cost and expense; provided, however, that the Buyer shall pay for the last, successful test; and (c) at the end of each successive twelve-month portion of the Warranty Period, the Seller shall pay to the Buyer as liquidated damages, and not as a penalty, a sum calculated in accordance with Attachment 6, commencing at the beginning of the Warranty Period and continuing until the end of the Warranty Period or until a subsequent test of the Nominated Units shows that they meet the Power Curve Guarantee.
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Power Curve Tests. To demonstrate that the Performance Guarantee has been satisfied, PacifiCorp may elect at its own expense to cause the nominated units to be tested in accordance with IEC 614 00-12-1 by a qualified testing authority acceptable to Developer (such acceptance not to be unreasonably withheld or delayed) and a wind turbine testing protocol agreed to by PacifiCorp and Developer. The initial Performance Test must commence within one hundred and twenty (180) days after completion of the last turbine and PacifiCorp shall give Developer at least thirty (30) days’ notice prior to commencing any such Performance Test. If the Performance Test has not commenced within this time for reasons not attributable to Developer, then the Performance Test shall be waived and the Site shall be deemed to have achieved the Performance Guarantee. Developer shall be afforded an opportunity to perform inspections and maintenance prior to the Performance Test, at Developer’s sole expense and that PacifiCorp can observe; provided that such inspections and maintenance shall not delay the scheduled Performance Tests. The Performance Guarantee shall be met when the Performance Test result meets the Performance Guarantee. In no event will Developer be responsible for the cost of the Site operation or operating personnel required to conduct any Performance Test or re-test. The data collection for each nominated unit shall continue until the conditions set forth in the test procedure have been met. The test result shall be reported to Developer within ten (10) Business Days from the completion of the Performance test for Developer’s review. If a terrain assessment carried out by a qualified testing authority indicates that the Site meets IEC criteria such that no Site calibration is required, then requirements for Site calibration may be waived by mutual agreement of the Parties. APPENDIX BB
Sample 1
Power Curve Tests. To demonstrate that the Power Curve Percentage Guarantee has been fulfilled, Buyer may elect at its own expense to cause one or more the Nominated Turbines (not including the Initial Turbines) to be tested by a qualified testing authority, reasonably acceptable to Turbine Supplier. The initial test must commence within eighteen (18) months of Turbine Completion, and Buyer shall give Turbine Supplier at least ten (10) Business Days Notice prior to commencing any testing. Turbine Supplier will be afforded an opportunity to perform inspections and maintenance prior to and during the test, including but not limited to cleaning of rotor blades. If the test results meet the Power Curve Percentage Guarantee, the Power Curve Percentage Guarantee shall be deemed satisfied. If these criteria are not met, Turbine Supplier may request one additional test within one hundred twenty (120) days of the initial test and shall be entitled to undertake adjustments to the Nominated Turbines for a period of at least thirty (30) days prior to conducting such additional test.
Sample 1

Related to Power Curve Tests

  • Acceptance Testing At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters.

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

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • Project Completion Part 1 – Material Completion

  • Stability Testing Patheon may be requested to conduct stability testing on the Products in accordance with the protocols set out in the Specifications for the separate fees and during the time periods set out in Schedule C to a Product Agreement. Patheon will not make any changes to these testing protocols without prior written approval from Client. If a confirmed stability test failure occurs, Patheon will notify Client within one Business Day, after which Patheon and Client will jointly determine the proceedings and methods to be undertaken to investigate the cause of the failure, including which party will bear the cost of the investigation. Patheon will not be liable for these costs unless it has failed to perform the Manufacturing Services in accordance with the Specifications, cGMPs, and Applicable Laws. Patheon will give Client ail stability test data and results at Client’s request.

  • Commissioning Commissioning tests of the Interconnection Customer's installed equipment shall be performed pursuant to applicable codes and standards. If the Interconnection Customer is not proceeding under Section 2.3.2, the Utility must be given at least ten (10) Business Days written notice, or as otherwise mutually agreed to by the Parties, of the tests and may be present to witness the commissioning tests.

  • Substantial Completion “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof is substantially complete. If the ODR does not consider the Work substantially complete, the ODR will notify the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in accordance with the terms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If The ODR considers the Work substantially complete, The ODR will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and conditions of this Agreement. The certificate of Substantial Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: TBD Under no circumstances will the time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.

  • Completion Date The Work under this Contract shall be completed by midnight of the date required in the Contract as the Material Completion and Occupancy Date unless extended by approved requests for extension of time.

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