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.

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.

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.

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Acceptance Tests 11.1 If the Contract provides acceptance tests for Goods and/or the result of Services after their completion and/or delivery to the Purchaser, the acceptance shall only be considered as definitive when such tests have demonstrated the compliance of the Goods and/or the result of the Services to the requirements in the Contract. 11.2 Where the Contract provides for an acceptance procedure in the presence of both parties, at the successful completion of such procedure, the Purchaser shall issue the Supplier with an acceptance certificate which shall authorise the Supplier to invoice the Purchaser for any payment due on such acceptance. 11.3 The Purchaser shall at its discretion be entitled to issue and acceptancecertificate with reserves. The Supplier shall be obliged to remedy any non-conformities within the period set out in the acceptance certificate. Any payment which would otherwise have been due on acceptance may be withheld by the Purchaser in whole or part until the non- conformities underlying the reserves have been remedied.
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.
Performance Testing (a) All performance tests of the Project, including any Initial Performance Test required in Section 2 of Appendix VIII, will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”), including additional procedures and protocols related to Performance Testing as mutually agreed between Buyer and Seller (“Test Procedures”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. (b) After the Initial Delivery Date and during the Delivery Term, Buyer will have the right to conduct a Performance Test (“Buyer Performance Test”) no more than once a calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Within 30 calendar days following a Buyer Performance Test, Seller will have the right to retest the Project with a Performance Test (“Seller Retest”). For the avoidance of doubt, the results of any Seller Retest will supersede the results of the preceding Buyer Performance Test. (i) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at or above ninety-nine percent (99%) of the Initial Contract Capacity, the Contract Capacity will remain the Initial Contract Capacity; (ii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at more than or equal to eighty-five (85%) of the Initial Contract Capacity, but less than ninety-nine percent (99%) of the Initial Contract Capacity (“Testing Band”), the Contract Capacity will be automatically adjusted (upwards or downwards) to the capacity commensurate with the amount of Distribution Services the Project delivered during the Performance Test within the Testing Band. (iii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is not capable of delivering Distribution Services of at least eighty-five percent (85%) of the Initial Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(viii).
Project Closeout a. Participate in final inspection to prepare punch lists for project contractor to correct and/or to complete listed items. Verify that items on punch lists have been completed successfully assist COUNTY Project Manager or designee to determine completion date and coordinate project close out. a. Coordinate the preparation, acceptance and distribution of project closeout documents in accordance with COUNTY Project Manager or designee procedures to clients.
Final Completion The full and final completion of all Work in accordance with the Contract Documents.
Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by October 31, 2024.
Test The outer surface of the lamp lenses shall be subjected once or more than once to the action of the sand jet produced as described above. The jet shall be sprayed almost perpendicular to the surface to be tested. The deterioration shall be checked by means of one or more samples of glass placed as a reference near the lenses to be tested. The mixture shall be sprayed until the variation in the diffusion of light on the sample or samples measured by the method described in Appendix 2, is such that: Δ d = (T5 - T4) / T2 ≤ 0.0250 ± 0.0025 Several reference samples may be used to check that the whole surface to be tested has deteriorated homogeneously.
Meter Testing Company shall provide at least twenty-four (24) hours' notice to Seller prior to any test it may perform on the revenue meters or metering equipment. Seller shall have the right to have a representative present during each such test. Seller may request, and Company shall perform, if requested, tests in addition to the every fifth-year test and Seller shall pay the cost of such tests. Company may, in its sole discretion, perform tests in addition to the fifth year test and Company shall pay the cost of such tests. If any of the revenue meters or metering equipment is found to be inaccurate at any time, as determined by testing in accordance with this Section 10.2 (Meter Testing), Company shall promptly cause such equipment to be made accurate, and the period of inaccuracy, as well as an estimate for correct meter readings, shall be determined in accordance with Section 10.3 (Corrections).
Project Completion Date It is agreed between the Parties that the Project Completion Date is <END DATE, YEAR>. If the Project is not completed by such date then, subject to an amendment agreed to between the Parties, Alberta Innovates may elect to terminate this Investment Agreement. In such event, Alberta Innovates will notify the Applicant of its decision to terminate as soon as reasonably practical and shall advise the Applicant of the effective date of termination. Alberta Innovates will have no liability or obligation to reimburse the Applicant for any Project Costs incurred after the effective date of termination and may require the Applicant to return any portions of the Investment which were spent on Ineligible Expenses. Additionally, any portion of the Investment not used and accounted for in accordance with this Agreement as of the Project Completion Date or earlier termination is repayable by the Applicant to AI at AI’s request.

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