Startup and Testing Clause Samples
The "Startup and Testing" clause outlines the procedures and requirements for initiating and verifying the proper operation of equipment or systems after installation. It typically details the steps for initial startup, the types of tests to be performed, and the criteria for successful completion, such as performance benchmarks or safety checks. This clause ensures that all systems function as intended before being accepted by the client, thereby reducing the risk of defects or operational failures after handover.
Startup and Testing. Prior to the Commercial Operation Date and as a condition precedent to the achievement of the Commercial Operation Date, Buyer shall have the right to (i) review and monitor the performance and achievement of all initial performance tests and all other tests required under the Facility construction contracts that must be performed in order to achieve completion; (ii) be present to witness such initial performance tests and review the results thereof; and (iii) perform such detailed examinations, inspections, quality surveillance and tests as, in the judgment of Buyer, are appropriate and advisable to determine that all components of the Facility have been installed in accordance with this Agreement.
Startup and Testing. Before the Commercial Operation Date, Buyer shall have the right, during normal working hours and subject to Seller’s or its Subcontractors’ reasonable requirements and procedures in respect of confidentiality and safety:
(i) to review and monitor the results of all initial performance tests and all other tests required under the Facility construction contracts that must be performed in order to achieve completion; and
(ii) to be present to witness such initial performance tests and review the results thereof.
Startup and Testing. Prior to the Commercial Operation Date, and as a condition precedent to the achievement of the Commercial Operation Date, and during normal working hours and subject to Seller’s or its subcontractor’s reasonable requirements and procedures in respect of confidentiality (subject to the provisions set forth in Section 15.20) and safety, Buyer shall have the right to:
(1) review and monitor the contractors’ performance and achievement of all initial performance tests and all other tests required under the Facility construction contracts that must be performed in order to achieve completion, with respect to which Seller shall provide to Buyer a schedule for the performance of such tests at least two (2) Business Days before such tests are scheduled to begin; and
(2) be present to witness such initial performance tests and review the results thereof; and
(3) upon notice to Seller, perform such detailed examinations, inspections, quality surveillance and tests as, in the judgment of Buyer, are appropriate and advisable to determine that the Facility equipment and all ancillary components of the Facility have been installed in accordance with this Agreement and the Facility construction contracts, all applicable standards, Prudent Utility Practices, Requirements of Law, the Quality Assurance Program and the Milestones, provided that such examinations, inspections, quality surveillance and tests shall not interfere with the operations of the Facility or Seller’s or its subcontractors’ work.
Startup and Testing. Prior to the Commercial Operation Date and as a condition precedent to the achievement of the Commercial Operation Date, Buyer shall have the right to:
(i) review and monitor the contractors’ performance and achievement of all initial performance tests and all other tests required under the Facility construction contracts that must be performed in order to achieve completion, with respect to which the construction contracts shall provide that at least ten (10) Business Days before such tests begin the contractors shall deliver to Buyer a schedule for the performance of such tests;
(ii) be present to witness such initial performance tests and review the results thereof; and
(iii) perform such detailed examinations, inspections, quality surveillance and tests as, in the reasonable judgment of Buyer, are appropriate and advisable to determine that the Facility equipment and all ancillary components of the Facility have been installed in accordance with this Agreement and the Facility construction contracts, all applicable standards, Prudent Utility Practices, Requirements of Law, and Seller’s Quality Assurance Program.
Startup and Testing. Prior to the Commercial Operation Date, Buyer shall have the right to:
(a) review and monitor (at the Site) the contractors’ performance and achievement of all initial performance tests during Facility start-up, and all other material tests required under the Facility construction contracts performed to achieve any Milestone, and Seller shall, or shall cause its contractor to provide at least ten (10) Business Days to Buyer before any such test begins;
(b) be present to witness such initial performance tests and review the results thereof; and
(c) perform such detailed examinations, inspections, quality surveillance and tests as, in the judgment of Buyer, are appropriate and advisable to determine that the Facility equipment and all ancillary components of the Facility have been installed in accordance with the Facility construction contracts and the Requirements, provided that Buyer may not unreasonably interfere with any Site activities of Seller or Seller’s contractors, or Seller’s timely achievement of COD.
Startup and Testing. Prior to the Commercial Operation Date, Seller shall provide to Buyer the opportunity at Buyer’s sole expense and without interfering with Seller’s activities at the Facility to:
(a) review and monitor the contractors’ performance and achievement of all initial performance tests and all other tests required under the Facility construction contracts performed to achieve any Milestone, and Seller shall, or shall cause its contractor to provide at least ten (10) Business Days to Buyer before any such test begins; provided that Buyer shall at all times comply with Seller’s or the contractor’s safety and security requirements when present at the Facility;
(b) be present to witness such initial performance tests and review the results thereof; provided that Buyer shall at all times comply with Seller’s or the contractor’s safety and security requirements when present at the Facility; and
(c) perform such detailed examinations, inspections, quality surveillance, and tests as are appropriate and advisable to determine that the Facility equipment and all ancillary components of the Facility have been installed in accordance with the Facility construction contracts and the Requirements.
Startup and Testing. Seller shall coordinate with Buyer a schedule for testing of Seller's plant, and Seller shall not cause any disruption of Buyer's operations. Seller shall be responsible for all fuel costs associated with any use of Seller's plant before the Commercial Operation Date. Buyer shall not be responsible to pay for any steam produced by Seller's plant before the Commercial Operation Date. The Testing shall include all steps necessary to allow Buyer to determine that the steam delivered by Seller meets the specifications set forth on Schedule 1 and is otherwise reasonably satisfactory to Buyer. Upon request, Seller shall provide Buyer with a copy of the results of any testing.
Startup and Testing. Upon delivery and installation of each Reactor Skid Unit at the Site Location and prior to any testing or start-up of such Unit, Licensee and Site User shall examine the Unit to determine its physical condition and operational status, and its conformity to the Licensor’s Process Design Package, and shall conduct such testing of the Unit as shall be required to determine that it is operational and functional. Licensee shall provide Licensee with at least seven (7) days advance notice of any scheduled inspection and testing in order to give Licensor an opportunity to travel to the Site Location and participate in such inspection and testing.