Common use of Technical Tests Clause in Contracts

Technical Tests. During the period beginning not more than thirty (30) days prior to the execution of this Agreement and ending not more than forty-five (45) days after the execution of this Agreement, Seller shall have caused to be performed on the CATV Systems the tests specified in Section 5.8.3, in the manner and according to the test criteria specified therein, and the results and findings of such tests shall be satisfactory to Buyer in its sole discretion. Within thirty (30) days prior to the Closing Date, Buyer, at Buyer's expense and with Seller's permission and reasonable cooperation, shall have re-tested the CATV Systems, and Seller shall have either (a) certified compliance with the CLI Rules and all of the technical standards specified in Section 5.8, or (b) effected Remedial Steps so as to bring the CATV Systems into compliance with all of such rules and technical standards. With respect to the latter series of tests, the results and findings of such tests shall not indicate a material variance from the test criteria applicable to the CATV Systems.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Northland Cable Properties Six LTD Partnership), Asset Purchase Agreement (Northland Cable Properties Five LTD Partnership), Asset Purchase Agreement (Northland Cable Properties Five LTD Partnership)

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Technical Tests. During the period beginning not more than thirty (30) days prior to the execution of this Agreement and ending not more than forty-five (45) days after the execution of this Agreement, Seller shall have caused to be performed on the CATV Systems the tests specified in Section 5.8.3, in the manner and according to the test criteria specified therein, and the results and findings of such tests shall be satisfactory to Buyer in its sole discretion. Within thirty (30) days prior to the Closing Date, Buyer, at Buyer's expense and with Seller's permission and reasonable cooperation, shall have re-tested the CATV Systems, and Seller shall have either (a) certified compliance with the CLI Rules and all of the technical standards specified in Section 5.8, or (b) effected Remedial Steps so as to bring the CATV Systems into compliance with all of such rules and technical standards. With respect to the latter series of tests, the results and findings of such tests shall not indicate a material variance from the test criteria applicable to each of the CATV Systems.

Appears in 1 contract

Samples: Asset Purchase Agreement (Northland Cable Properties Four LTD Partnership)

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