Common use of Test Acceptance and Re-Testing Clause in Contracts

Test Acceptance and Re-Testing. If Seller and Buyer both accept a test, the NDC and NDDC shall be updated to reflect the results of such test effective upon the first day of the month following the month in which Buyer receives Seller’s test report. If Seller is unable to complete a test for any reason, it shall be permitted to reconduct such test. If either Seller or Buyer reasonably believes an abnormal condition occurred which may have adversely impacted a completed test, such party may request and shall receive a re- test. If, following two completed re-tests, Seller and Buyer cannot agree that the original test and two re-tests produced accurate, reliable and usable results, the parties shall hire an independent engineer to observe a third re-test and, after considering the data and records from the original test and three re-tests, to declare the NDC and NDDC of the Unit. The cost of such independent engineer shall be shared equally by the parties. However, if, following two or more completed re-tests, Seller and Buyer do agree that the most recent test produced inaccurate or unreliable results, the parties may, but are not required to, hire such an independent engineer.

Test Acceptance and Re-Testing. If Seller and Buyer both accept a test, the NDC and NDDC shall be updated to reflect the results of such test effective upon the first day of the month following the month in which Buyer receives Seller’s test report. If Seller is unable to complete a test for any reason, it shall be permitted to reconduct such test. If either Seller or Buyer reasonably believes an abnormal condition occurred which may have adversely impacted a completed test, such party may request and shall receive a re- re-test. If, following two completed re-tests, Seller and Buyer cannot agree that the original test and two re-tests produced accurate, reliable and usable results, the parties shall hire an independent engineer to observe a third re-test and, after considering the data and records from the original test and three re-tests, to declare the NDC and NDDC of the Unit. The cost of such independent engineer shall be shared equally by the parties. However, if, following two or more completed re-tests, Seller and Buyer do agree that the most recent test produced inaccurate or unreliable results, the parties may, but are not required to, hire such an independent engineer.

Test Acceptance and Re-Testing. If Seller and Buyer both accept a test, the NDC and NDDC shall be updated to reflect the results of such test effective upon the first day of the month following the month in which Buyer receives Seller’s test report. If Seller is unable to complete a test for any reason, it shall be permitted to reconduct such test. If either Seller or Buyer reasonably believes an abnormal condition occurred which may have adversely impacted a completed test, such party may request and shall receive a re- re-test. If, following two completed re-tests, Seller and Buyer cannot agree that the original test and two re-re- tests produced accurate, reliable and usable results, the parties shall hire an independent engineer to observe a third re-test and, after considering the data and records from the original test and three re-re- tests, to declare the NDC and NDDC of the Unit. The cost of such independent engineer shall be shared equally by the parties. However, if, following two or more completed re-tests, Seller and Buyer do agree that the most recent test produced inaccurate or unreliable results, the parties may, but are not required to, hire such an independent engineer.