Test Interruptions Clause Samples

Test Interruptions. Notwithstanding anything in the IP Product Agreement which may be construed to the contrary, Test Interruption hours will not be counted toward any Economic Interruption hours and are not deemed to be Reliability Interruptions.
Test Interruptions. Notwithstanding anything in the IP Product Agreement which may be construed to the contrary, Company will not receive any IP Product credits or charges for any Test Interruptions. However, the calculated Test Interruption Performance Factors will apply under subsection 1.5.2 and Article 3.
Test Interruptions. Notwithstanding anything in this Agreement which may be construed to the contrary, Test Interruption hours will not be counted toward any Capacity Interruption hours nor deemed to be Emergency Interruptions.
Test Interruptions. If Company is an Emergency Only Participant, then Company will be subject to Test Interruptions. Test Interruptions will be no more than one hour in duration and will occur for Company no more often than once every other TVA Fiscal Year; however, if Company achieves a 100% Performance Factor during any Emergency Interruption, such Emergency Interruption will serve as a proxy for a Test Interruption if one has not occurred that WA Fiscal Year. Test Interruptions may be designated by WA at any time in the TVA Fiscal Year in which Company is subject to a Test Interruption. Notwithstanding anything in this Agreement which may be construed to the contrary, Company will not receive any credits, nor will Company be charged any underperformance charges, for any Test Interruptions; however, the calculated Test Interruption Performance Factors will apply under subsection 5.2 and subsection 7.1.
Test Interruptions. In the event that a Test is interrupted, the Test shall resume when practicable. Test results up to the time of the interruption will be considered valid.
Test Interruptions. With the exception of the Reliability Test, any test interruption attributable to Buyer experienced during a Facility Performance Test or Equipment Performance Test will require the re-testing of the applicable Facility or Equipment Performance Guarantees. Test data gathered from the Facility or Equipment Performance Test prior to the interruption shall be discarded. If a test interruption occurs for reasons beyond the control of Buyer, it shall be mutually agreed to either: (a) resume the Facility or Equipment Performance Test after the cause of the test interruption has been rectified, or (b) restart the Facility or Equipment Performance Test. Upon the occurrence of a Facility or Equipment Performance Test interruption, Buyer shall notify Owner in accordance with the performance test procedure. Upon notification of an interruption, Buyer and/or Seller, with Owner’s assistance will identify the cause, define the procedure for continuing or stopping the Performance Test or Equipment Performance Test, and identify the responsibility for any costs incurred for re-testing.