Common use of Sound Tests Clause in Contracts

Sound Tests. If any Unit fails to meet the Sound Level Guarantee, the Seller shall at its option and at its sole cost and expense either (a) take such corrective action as will cause such Unit to achieve the guaranteed sound level, including adjustments to controls or operating parameters, or (b) with the Buyer’s consent, effect a release or other settlement of any claims (whether for nuisance or otherwise) from cognizant governmental authorities and persons directly affected by the sound level at the Unit. Except as may be provided in the Contract, the performance of the obligations set forth in subparagraphs (a) or (b) above shall be the Buyer’s exclusive remedy for excess sound levels. If the corrective action taken pursuant to item (a) above includes any adjustment to controls or operating parameters, the Buyer shall have the right to request the Seller to re-test the Power Curve Guarantee with respect to the relevant Units, in which case the provisions of Article 18 shall be applicable.