System Tests and Inspections Sample Clauses

System Tests and Inspections. (1) The Grantee shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise, and the technical standard of the FCC set forth in Part 76, Subpart K (Technical Standards) of the FCC’s rules 47 C.F.R. § 76.601 et seq., including without limitation performance tests, technical standards, signal leakage performance criteria and cable television system monitoring. All tests shall be conducted in accordance with federal rules and any relevant edition of the National Cable Television Association’s “Recommended Practices for Measurements on Cable Television Systems,” or if no relevant edition exists, such other appropriate manual as the Grantee may propose and the County approve. In the event that the FCC’ s technical performance standards are repealed or are no longer applicable to the Grantee’s Cable System, such standards shall remain in force and effect until the County Administrator or his designee and the Grantee agree to new standards. (2) The Grantee shall conduct tests as follows: (A) tests to assure the adequate performance on each newly constructed or rebuilt segment prior to Subscriber connection or activation, but not later than ninety (90) days after any newly constructed or substantially rebuilt segment is made available for service to Subscribers; (B) proof of performance tests on the Grantee’s Cable System at least once every six (6) months or as required by FCC rules, whichever is more often, except as federal law otherwise limits the Grantee’s obligation; and (C) special proof of performance tests of Grantee’s Cable System or a segment thereof when Subscriber or User complaints indicate tests are warranted. (3) The County may make independent performance tests of Grantee’s Cable System, but shall not alter the operation of Grantee’s Cable System without the Grantee’s approval. The Grantee shall cooperate with the County in conducting such tests. Such independent tests shall be at the County’s expense. (4) Upon request, to the Grantee, the County shall have the right to witness and/or review all tests on newly constructed or rebuilt segments of Grantee’s Cable System. The Grantee shall provide the County with at least two (2) business days’ notice of, and opportunity to observe, any tests performed on Grantee’s Cable System, except in emergency situations. (5) Tests may be supervised by the Grantee’s qualified personnel, who shall sign all records of tests provided to the County. (6) The County may conduct in...
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System Tests and Inspections. (a) Comcast shall be responsible for ensuring that its Cable System is designed, installed, and operated in a manner that fully complies with 47 C.F.R. §76.640 and other applicable FCC standards as amended. Pursuant to this Section 3.3, Comcast shall conduct and document complete performance tests of its Cable System to show the level of compliance with applicable FCC standards. Upon a showing of a pattern of Subscriber Complaints regarding signal quality or a determination of non-compliance related to signal quality through a Compliance Review under Section 5.2 herein, Comcast, upon written request by the County, shall perform applicable tests to show compliance with FCC standards. Comcast shall provide a report to the County within thirty (30) days of completion of a test that describes the results of the test. The performance tests shall be directed at determining the extent to which the Cable System complies with applicable FCC technical standards regarding the transmission and reception capabilities of digital Cable Systems. (b) Testing required in this Section 3.3 may be observed by representatives of the County. Upon written request, Comcast shall provide notice to the County in advance of the scheduled testing date(s), and the County shall then notify Comcast before such testing is scheduled to occur if it desires to observe such test(s). (c) If any test under this Section 3.3 indicates that the Cable System fails to meet applicable FCC requirements, Comcast shall take such corrective measures as are necessary to correct any failure and to prevent their recurrence as far as is possible. Comcast’s failure to correct any deficiencies identified through this testing process shall be a material violation of this Agreement. Sites shall be re-tested following correction.
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System Tests and Inspections. Comcast shall conduct the required system tests as follows: (a) Comcast shall be responsible for ensuring that its Cable System is designed, installed, and operated in a manner that fully complies with FCC technical standards, Subpart K, 47 C.F.R. §§ 76.601 – 76.617, as amended. (b) In accordance with FCC Technical standards, Comcast shall conduct complete performance tests of its Cable System at least twice each calendar year at intervals not to exceed seven months. The performance tests shall be directed at determining the extent to which the system complies with technical standards set forth in 47 C.F.R. § 76.605(a) regarding the transmission and reception capabilities of cable signals. (c) In accordance with 47 C.F.R. § 76.614, Comcast shall maintain performance test records on file for a period of two (2) years. Such records shall be made available to authorized representatives of the Township upon thirty (30) days’ written request. (d) In the event a proof-of-performance test reveals substandard performance readings, additional tests may be required by the Township until compliance with the technical standards is secured. Prior to requiring any additional testing pursuant to 47 C.F.R. § 76.601, the Township shall notify Comcast in writing. The cable operator will then be allowed thirty (30) days to come into compliance and correct any perceived signal quality problems. (e) The rights and obligations of the Township and Comcast under this Section shall at all times be subject to applicable federal law and FCC regulation.
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System Tests and Inspections. 4.2.1 The Franchisee shall perform all tests on the System as may be required by FCC rules, regulations and practices and practices necessary to demonstrate compliance with the requirements of the Franchise, and to ensure that System components operate in conformance with such requirements. All tests shall be conducted in accordance with FCC rules, regulations, and practices. 4.2.2 The Franchisee shall conduct any required tests as follows: 4.2.2.1 Proof of Performance tests on the Cable System at least once every six (6) months, or more frequently if required by FCC rules. In consultation with the City, Cable System monitor test points shall be established in accordance with good and sound engineering practices and consistent with FCC guidelines; and all other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of this Franchise. At a minimum, Franchisee's tests shall include: 4.2.2.1.1 Cumulative leakage index testing of any new construction; 4.2.2.1.2 Semi-annual compliance tests in conformance with generally accepted industry guidelines and to prove system wide compliance with FCC 47 C.F.R. § 76.640(b)(1)(i) (Digital Signals) and new FCC requirements and standards that may become effective during the Term; 4.2.2.1.3 Tests in response to Subscriber complaints; 4.2.2.1.4 Periodic monitoring tests, at intervals not to exceed six (6) months, of Subscriber (field) test points, the headend, and the condition of standby power supplies; and 4.2.2.1.5 Cumulative leakage index tests, at least annually, designed to ensure that one hundred percent (100%) of Franchisee's Cable System has been ground or air tested for signal leakage in accordance with FCC standards. 4.2.2.2 System tests shall be supervised by a senior engineer of the Franchisee, who shall sign and provide records of all tests performed to the City upon written request. 4.2.2.3 The City shall have the right to designate a City employee (or a third party consultant to the City, provided that such third party consultant executes, in advance, a nondisclosure agreement in a form reasonably acceptable to Franchisee) to visually inspect Franchisee's Cable System in order to verify compliance with this Article 4, System Facilities, and to witness and/or review all Proof of Performance Tests required under this Agreement. The Franchisee shall provide the City with at least ten (l0) business days' notice of, and opportunity to observe, any...
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System Tests and Inspections. Comcast shall conduct the required system tests in accordance with FCC regulations as follows: (a) Proof of performance tests on the Cable System at least twice each calendar year, at intervals not to exceed seven (7) months. Cable System monitor test points shall be established in accordance with good and sound engineering practices and consistent with FCC guidelines. (b) The measurements for proof of performance tests on the Cable System may be taken at convenient monitoring points in the Cable System network. Upon written request, an identification of the instruments, including the makes, model numbers, and the most recent date of calibration, a description of the procedures utilized, and a statement of the qualifications of the person performing the tests shall also be provided to the City. (c) The City shall have the right to designate a City employee (or a third party consultant to the City, provided that such third party consultant executes, in advance, a nondisclosure agreement in a form reasonably acceptable to Comcast) and, upon written notice to Comcast, for such employee or consultant to visually inspect Comcast’s Cable System in order to verify compliance with Section 5.1 of this Agreement and to witness and/or review all proof of performance tests required under this Agreement. (d) Subject to the requirements of Section 8.1 of this Agreement, Comcast shall retain written reports of the results of any tests required by the FCC, and such reports shall be submitted to the City upon thirty (30) days prior written notice from the City; provided, however, that Comcast shall not be required to submit such reports more than two (2) times in any calendar year.
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System Tests and Inspections. The Franchisee shall conduct any required tests as follows: 4.3.1 Proof of Performance tests on the Cable System at least once every six (6) months, or more frequently if required by FCC rules. In consultation with the City, Cable System monitor test points shall be established in accordance with good and sound engineering practices and consistent with FCC guidelines. 4.3.2 System tests may be supervised by a senior engineer of the Franchisee, who shall sign and provide records of all tests performed to the City. 4.3.3 The City shall have the right to designate a City employee (or a third party consultant to the City, provided that such third party consultant executes, in advance, a nondisclosure agreement in a form reasonably acceptable to Franchisee) to visually inspect Franchisee’s Cable System in order to verify compliance with this Article 4, System Facilities, and to witness and/or review all Proof of Performance tests required under this Agreement. The Franchisee shall provide the City with at least ten (10) business days’ notice of, and opportunity to observe, any such Proof of Performance Test performed on the Cable System. 4.3.4 Subject to the requirements of Section 9.1 of this Agreement, the Franchisee shall retain written reports of the results of any tests required by the FCC, and such reports shall be submitted to the City upon thirty (30) days prior written notice from the City; provided, however, that the Franchisee shall not be required to submit such reports more than two (2) times in any calendar year.
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Related to System Tests and Inspections

  • Tests and Inspections § 15.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15.5.1, the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section 15.5.3, shall be at the Owner’s expense. § 15.5.3 If such procedures for testing, inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made necessary by such failure shall be at the Design-Builder’s expense. § 15.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-Build Documents, be secured by the Design-Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the Owner will do so promptly and, where practicable, at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work.

  • TESTING AND INSPECTION 6.1 Pre-Commercial Operation Date Testing and Modifications.

  • Maintenance and Inspection Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

  • Visits and Inspections Permit representatives of the Administrative Agent or any Lender, from time to time upon reasonable prior notice to visit and inspect its properties; inspect and make extracts from its books, records and files, including, but not limited to, management letters prepared by independent accountants; and discuss with its principal officers, and its independent accountants, its business, assets, liabilities, financial condition, results of operations and business prospects.

  • Equipment Testing and Inspection 2.1.1 The Interconnection Customer shall test and inspect its Small Generating Facility and Interconnection Facilities prior to interconnection. The Interconnection Customer shall notify the NYISO and the Connecting Transmission Owner of such activities no fewer than five Business Days (or as may be agreed to by the Parties) prior to such testing and inspection. Testing and inspection shall occur on a Business Day. The Connecting Transmission Owner may, at its own expense, send qualified personnel to the Small Generating Facility site to inspect the interconnection and observe the testing. The Interconnection Customer shall provide the NYISO and Connecting Transmission Owner a written test report when such testing and inspection is completed. The Small Generating Facility may not commence parallel operations if the NYISO, in consultation with the Connecting Transmission Owner, finds that the Small Generating Facility has not been installed as agreed upon or may not be operated in a safe and reliable manner. 2.1.2 The NYISO and Connecting Transmission Owner shall each provide the Interconnection Customer written acknowledgment that it has received the Interconnection Customer’s written test report. Such written acknowledgment shall not be deemed to be or construed as any representation, assurance, guarantee, or warranty by the NYISO or Connecting Transmission Owner of the safety, durability, suitability, or reliability of the Small Generating Facility or any associated control, protective, and safety devices owned or controlled by the Interconnection Customer or the quality of power produced by the Small Generating Facility.

  • Audits and Inspections At any time during normal business hours and as often as the City may deem necessary, Service Provider shall make available to the City for the City’s examination all of Service Provider’s records and documents with respect to all matters covered by this Agreement and, furthermore, Service Provider will permit the City to audit, examine and make copies, excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

  • Maintenance and Inspection of Records A. The SERVICE PROVIDER at such times and in such forms as the CITY may require, shall furnish to the CITY such statements, records, reports, data, and information as the CITY may request pertaining to matters covered by this Agreement. B. The SERVICE PROVIDER shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit, by the CITY, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. C. To ensure the CITY’S compliance with the Public Records Act, RCW 42.56, the SERVICE PROVIDER shall retain all books, records, documents and other material relevant to this agreement, for six (6) years after its expiration. The SERVICE PROVIDER agrees that the CITY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period.

  • Maintaining Records; Access to Properties and Inspections Maintain financial records in accordance with GAAP and, upon reasonable notice, permit any representatives designated by the Administrative Agent or any Lender to visit and inspect the financial records and the properties of the Borrower or any Significant Subsidiary during normal business hours and to discuss the affairs, finances and condition of the Borrower or any Significant Subsidiary with the officers thereof and independent accountants therefor.

  • Audit and Inspection 9.1 The Recipient, without charge, will permit any officer or officers of the Commissioner, external auditing bodies (i.

  • RECORDS AND INSPECTIONS Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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