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Test Performance Sample Clauses

Test Performance. Life Technologies shall have the responsibility, subject to its capacity to support in its reasonable discretion (of which capacity Life Technologies shall notify Biocept in writing at least sixty (60) days before launch of the Assay, and use diligent efforts to notify Biocept at least thirty (30) days before discovery of any decreases or increases in such capacity), for performing the Professional Component of the Assays sold by either party in the Territory. In particular, the laboratory director of the Life Technologies CLIA laboratory will be responsible for issuing and signing off on the report.
Test Performance. Biocept shall be responsible for performing all Technical Components of all Diagnostic Tests sold by either party, or by any Third Party in accordance with Section 2.3(a).
Test Performance. Clarient shall have responsibility for performing, or having performed on its behalf, all Professional Components of the Diagnostic Tests sold by either party, or by any Third Party in accordance with Section 2.3(a).
Test Performance. Each Test will be conducted consistent with Accepted Electrical Practices, Contract Conditions, Applicable Law, manufacturer recommendations, and the provisions of published test procedures developed by the Electric Power Research Institute (EPRI) Energy Storage Integration Council (ESIC) (or equivalent test procedures accepted as an Industry Standard for lithium ion battery energy storage systems) . At all times during a Test, the Project shall not be operated with abnormal operating conditions such as unstable load conditions. If conditions occur during a Test that are contrary to any of the foregoing, Buyer may postpone or reschedule all or part of such Test in its reasonable discretion, in which case such Test shall be deemed an Incomplete Test.
Test Performance. Test performance will be subject to the following rules: a) The Head of Evidence will conduct and monitor the tests and report on test conditions. He/she will also be responsible for all measurements, computation of results and final report preparation. His/her decision will be decisive regarding any issue concerning the test or its performance. The tests shall be conducted in accordance with the COES procedures and instructions. Testing of the optical fiber system shall follow the technical specifications set forth in Annex No. 5, Telecommunications, of this Agreement. b) The Concessionaire shall provide all reasonable facilities to the Inspector to obtain actual, complete and acceptable data regarding all parts of the equipment related to the transmission of electrical energy in the Project. In addition, the Inspector must have physical access to all components, related to electromechanical equipment in the Project. c) The main Project components will be inspected, at Inspector request, before the beginning of the test. d) At the end of each test and within acceptance levels, a test record will be drafted, which ends the process. Each record shall contain: (i) the list of personnel of the Parties, the OSINERGMIN representatives, and the inspector who participated in the tests; (ii) the protocol of tests carried out with their results; also, of tests not carried out with the corresponding waiver; And, iv) other information that the Concessionaire, OSINERGMIN and/or the Inspector deem pertinent. e) In case the Inspector and/or OSINERGMIN consider that the result is not satisfactory, as established in the test reports, the Concessionaire will proceed to make the corresponding correction. The new test will be done only at the point or at the points that were not satisfactory. The Grantor and/or OSINERGMIN may not request new tests or inspections, or observe or reject their results, in case their representatives have not attended such tests or inspections. Once the tests have been completed, the Head of Evidence will send the pertinent minutes to the COES, duly approved by the Inspector, so that the Inspector will proceed to start the commissioning program for each Project component. f) Upon completion of all tests, the Head of Evidence will prepare and submit a final report to the Inspector, OSINERGMIN and the Grantor, with details on calculation and presentation of results. The Inspector must approve the final report within a maximum period of Ten (10) Days...
Test Performance. 4.5.1 All test and procedures must comply and be approved/cleared by the FDA.
Test Performance. The test frame and its attachments prescribed in paragraphs 2.1., 2.2., 2.3.1.,2.3.3., 2.4., 2.6. and 2.7. shall be attached securely to a test sled which shall be decelerated from an initial velocity to standstill such that the sled and its attached frame is subjected to deceleration falling within the bounds of the corridor specified graphically in Appendix 1 to Annex 3.
Test Performance. Test performance will be subject to the following rules: a) The Head of Evidence will conduct and monitor the tests and report on test conditions. He/she will also be responsible for all measurements, computation of results and final report preparation. His/her decision will be decisive regarding any issue concerning the test or its performance. The tests shall be conducted in accordance with the COES procedures and instructions. Testing of the optical fiber system shall follow the technical specifications set forth in Annex No. 5, Telecommunications, of this Agreement. b) The Concessionaire shall provide all reasonable facilities to the Inspector to obtain actual, complete and acceptable data regarding all parts of the equipment related to the transmission of electrical energy in the Project. In addition, the Inspector must have physical access to all components, related to electromechanical equipment in the Project. c) The main Project components will be inspected, at Inspector request, before the beginning of the tests. d) At the end of each test and within acceptance levels, a test record will be drafted, which ends the process. Each record shall contain: (i) the list of personnel of the Parties, the OSINERGMIN representatives, and the inspector who participated in the tests; (ii) the protocol of tests carried out with their results; also, of tests not carried out with the corresponding waiver; And, iv) other information that the Concessionaire, OSINERGMIN and/or the Inspector deem pertinent.
Test Performance. 15.1. HVG FABRICS PTY LTD does not guarantee the performance limits stated in any quotation, tender or Agreement unless such limits are expressly guaranteed by HVG FABRICS PTY LTD in writing. 15.2. HVG FABRICS PTY LTD will use all reasonable efforts to supply Goods having a material grade consistent with any material grade specified in any relevant quotation, tender or Agreement. 15.3. Where HVG FABRICS PTY LTD supplies Goods not manufactured by it, the Goods are subject to the chemical, mechanical and physical properties of the Goods as supplied by the original manufacturer. To the extent permitted by law HVG FABRICS PTY LTD does not offer any warranty over such Goods, except that, where the Goods are subject to the warranty of the original manufacturer, HVG FABRICS PTY LTD will endeavour to pass on the benefit of such warranty to the Purchaser.

Related to Test Performance

  • Past Performance The Government will evaluate the contractor's performance on the NETCENTS-2 Orders provided in Exhibit B, CDRL B001. The PCO will determine the quality of the work performed based on an integrated assessment of data obtained in the Contractor Performance Assessment Reporting Systems (CPARS) and information obtained from Defense Contract Management Agency (DCMA) channels, interviews with customers, program managers and/or contracting officers for NETCENTS-2 task orders. Based on the contractor performance records above, the PCO will determine if there is an expectation that the contractor will successfully perform the required efforts under the unrestricted NetOps and Infrastructure Solutions contract.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Due Performance Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may, in writing, demand adequate assurance of due performance and until such written assurance is received may, if commercially reasonable, suspend any performance for which the agreed return has not been received.

  • Work Performance Xxxxxx agrees that all Services performed hereunder shall be performed on a best effort basis by employees, students, faculty, graduate assistants and staff having an appropriate experience and skill level and in compliance with the statement of work.

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • Contract Performance C19.1 The Contractor shall ensure that: C19.1.1 the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; C19.1.2 the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; C19.1.3 the Goods conform in all respects with all applicable Laws; and C19.1.4 the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Continuing Performance In the event of a dispute, the Owner and the Developer agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying xxxxxxxx, and such continuation of efforts and payment of xxxxxxxx shall not be construed as a waiver of any legal right.

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.