Common use of Test Reports Clause in Contracts

Test Reports. ‌ (a) Seller shall deliver to Buyer a preliminary test report, including the test data sheets and calculated results for each Performance Test or retest (the “Preliminary Performance Test Report”), promptly after completion of each Performance Test, together with a notice to Buyer certifying completion of the Performance Tests in accordance with this Agreement and results of such Performance Tests. Promptly after receipt of such Preliminary Performance Test Report, Buyer and Seller shall consult concerning the results of such tests, and within three (3) days thereafter, Buyer shall (i) state it concurs with the results of the Performance Tests or (ii) state it disputes the results of the Performance Tests and stating in detail the reasons therefor. Within fifteen (15) Business Days following completion of the Performance Tests, Seller shall provide to Buyer a final test report, including test data sheets and calculated results of each Performance Test or retest (the “Final Performance Test Report”) and a final notice to Buyer certifying completion of the Performance Tests. Within fifteen (15) days of receipt of such documentation from Seller, Buyer shall either (i) accept the Performance Test results or (ii) state it disputes the results of the Performance Tests and the reasons therefor. If Buyer disputes the accuracy of the Performance Tests results in the Final Performance Test Report, then Seller shall re-perform the applicable Performance Tests (or part thereof) in accordance with the procedures set forth in Appendix H. If the results of the re-test confirm the accuracy of the initial test, then Buyer shall pay the increased costs directly resulting from the re- test. If the results of the re-test do not confirm the accuracy of the initial test, then Seller shall pay for the costs of the re-test and any subsequent tests necessary to confirm compliance with all Performance Guarantees.

Appears in 5 contracts

Samples: Asset Purchase Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Test Reports. (a) Seller Contractor shall deliver to Buyer Company a written preliminary test report, including the test data sheets and calculated results for each Performance Test or retest (the “Preliminary Performance Test Report”), promptly after completion of each Performance Test, together with a notice to Buyer Company certifying completion of the Performance Tests in accordance with this Agreement Contract and results of such Performance Tests. Promptly after receipt of such Preliminary Performance Test Report, Buyer Company and Seller Contractor shall consult concerning the results of such tests, and within three (3) days thereafter, Buyer Company shall (i) state it concurs with the results of the Performance Tests or (ii) state it disputes the results of the Performance Tests and stating in detail provide the reasons therefor. . (b) Within fifteen (15) Business Days days following completion of the all Performance Tests, Seller Contractor shall provide to Buyer Company a written final test report, including test data sheets and calculated results of each Performance Test or retest (the “Final Performance Test Report”) and a final notice to Buyer Company certifying completion of the Performance Tests. Within fifteen (15) days of receipt of such documentation from SellerContractor, Buyer Company shall either (i) accept the Performance Test results or (ii) state it disputes the results of the Performance Tests and provide the reasons therefor. If Buyer Company disputes the accuracy of the Performance Tests results in the Final Performance Test Report, then Seller Contractor shall re-perform the applicable Performance Tests (or part thereof) in accordance with the procedures set forth in Appendix H. F. If the results of the re-test confirm the accuracy of the initial testtests, then Buyer Company shall pay the increased costs directly resulting from the re- re-test. If the results of the re-test do not confirm the accuracy of the initial test, then Seller Contractor shall pay for the costs of the re-test and any subsequent tests necessary to confirm compliance with all Performance Guarantees.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Contract (Chugach Electric Association Inc), Engineering, Procurement and Construction Contract (Chugach Electric Association Inc)

Test Reports. (a) Seller Developer shall deliver to Buyer PacifiCorp a preliminary test report, including the test data sheets and calculated results for each Performance Test or retest (the “Preliminary Performance Test Report”), promptly after completion of each Performance Test, together with a notice to Buyer PacifiCorp certifying completion of the Performance Tests in accordance with this Agreement and the results of such Performance Tests. Promptly after receipt of such Preliminary Performance Test Report, Buyer PacifiCorp and Seller Developer shall consult concerning the results of such testsPerformance Tests, and within three (3) days thereafter, Buyer PacifiCorp shall (i) state provide Developer written notice that it concurs with the results of the Performance Tests either accepts or (ii) state it disputes the results of the Performance Tests and stating in detail Tests, including the reasons therefor. for any dispute. (b) Within fifteen (15) Business Days following completion of the Performance Tests, Seller Developer shall provide to Buyer PacifiCorp a final test report, including test data sheets and calculated results of each Performance Test or retest (the “Final Performance Test Report”) and a final notice to Buyer PacifiCorp certifying completion of the Performance Tests. The Final Performance Test Report shall reflect the Parties’ consultation with one another with respect to the Preliminary Performance Test Report. Within fifteen (15) days of receipt of such documentation from SellerDeveloper, Buyer PacifiCorp shall provide Developer written notice that it either (i) accept accepts or disputes the results of the Performance Test results or (ii) state it Tests, including the reasons for any dispute. If PacifiCorp disputes the results of the Performance Tests and the reasons therefor. If Buyer disputes the accuracy of the Performance Tests results in the Final Performance Test Report, then Seller Developer shall re-perform the applicable Performance Tests (or part thereof) in accordance with the procedures set forth in Appendix H. AA. If the results of the re-test confirm the accuracy of the initial testPerformance Test, then Buyer PacifiCorp shall pay the increased costs directly resulting from the re- re-test. If the results of the re-test do not confirm the accuracy of the initial testPerformance Test, then Seller Developer shall pay for the costs of the re-test and any subsequent tests Performance Tests necessary to confirm compliance with all Performance Guarantees.

Appears in 2 contracts

Samples: Build Transfer Agreement, Build Transfer Agreement

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Test Reports. (a) Seller shall deliver to Buyer a preliminary test report, including the test data sheets and calculated results for each Performance Test or retest (the “Preliminary Performance Test Report”), promptly after completion of each Performance Test, together with a notice to Buyer certifying completion of the Performance Tests in accordance with this Agreement and results of such Performance Tests. Promptly after receipt of such Preliminary Performance Test Report, Buyer and Seller shall consult concerning the results of such tests, and within three (3) days thereafter, Buyer shall (i) state it concurs with the results of the Performance Tests or (ii) state it disputes the results of the Performance Tests and stating in detail the reasons therefor. Within fifteen (15) Business Days following completion of the Performance Tests, Seller shall provide to Buyer a final test report, including test data sheets and calculated results of each Performance Test or retest (the “Final Performance Test Report”) and a final notice to Buyer certifying completion of the Performance Tests. Within fifteen (15) days of receipt of such documentation from Seller, Buyer shall either (i) accept the Performance Test results or (ii) state it disputes the results of the Performance Tests and the reasons therefor. If Buyer disputes the accuracy of the Performance Tests results in the Final Performance Test Report, then Seller shall re-perform the applicable Performance Tests (or part thereof) in accordance with the procedures set forth in Appendix H. If the results of the re-test confirm the accuracy of the initial test, then Buyer shall pay the increased costs directly resulting from the re- test. If the results of the re-test do not confirm the accuracy of the initial test, then Seller shall pay for the costs of the re-test and any subsequent tests necessary to confirm compliance with all Performance Guarantees.

Appears in 1 contract

Samples: Asset Purchase Agreement

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