Common use of Re-Testing Clause in Contracts

Re-Testing. If at the first re-test the Nominated Units fail to meet the Power Curve Guarantee, the Seller shall be permitted reasonable access to the Nominated Units to perform adjustments and may at its option and expense perform additional tests at intervals of no less than three (3) months until the end of the Warranty Period or until a subsequent test of the Nominated Units shows that they meet the Power Curve Guarantee. If at the end of the Warranty Period the Nominated Units have not met the Power Curve Guarantee, the Seller shall pay to the Buyer as additional liquidated damages, and not as a penalty, a sum calculated in accordance with Attachment 6.

Re-Testing. If at the first re-test the Nominated Units fail to meet the Power Curve Guarantee, the Seller shall be permitted reasonable access to the Nominated Units to perform adjustments and may at its option and expense perform additional tests at intervals of no less than three (3) months until the end of the Warranty Period or until a subsequent test of the Nominated Units shows that they meet the Power Curve Guarantee. If at the end of the Warranty Period the Nominated Units have not met the Power Curve Guarantee, the Seller shall pay to the Buyer as additional liquidated damages, and not as a penalty, a sum calculated as set forth in accordance with Attachment 6Article 18.4 below.