Testing and Sampling Sample Clauses

Testing and Sampling. The Contractor shall allow periodic and random testing and sampling of the CAS, as well as the Contractor’s other processes and systems used in performing its obligations under this Contract. The Contractor shall maintain procedures and mechanisms to provide persons authorized by the Governing Board and the Streamlined States with timely and reasonable access (either onsite or remote) to any documentation, system, database or system component needed to perform such tests or sampling. The Governing Board shall maintain a Testing Central (TC) program for the purpose of monitoring and communicating information regarding system changes and for communicating with the Contractor regarding changes to CSP requirements. The Contractor shall comply with all requirements and procedures established by TC for the performance of TC’s responsibilities and functions. The parties understand that system performance and/or availability may be affected by testing and sampling activities, and the Governing Board and the Streamlined States shall cooperate with the Contractor in establishing procedures designed to minimize those effects. The Contractor releases the Governing Board and persons authorized by the Governing Board and the Streamlined States from any and all liability for damages that may arise from system availability restrictions and other disruptions caused by such activities, unless such damages are the result of gross negligence or intentional misconduct. If the Contractor establishes that testing and sampling activities are directly responsible for the Contractor’s failure to perform its obligations under this Contract, the Contractor shall not be deemed in Breach, so long as the Contractor undertakes timely and appropriate measures to mitigate the adverse effects caused by the failure. The Governing Board and the Streamlined States shall cooperate in protecting any proprietary, trade secret, or other confidential information accessed during testing and sampling activities, including the execution of reasonable confidentiality agreements submitted by the Contractor and approved by the Executive Director of the Governing Board. In cases where the Governing Board or the Streamlined States require access to the Contractor’s computer source code, the Contractor shall have the right to limit the inspection of the source code to the Contractor’s own location or another secure location selected by the Contractor.
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Testing and Sampling. Except as required by Law, the Company shall not, and shall not permit any of its Subsidiaries to, conduct or cause to be conducted any testing or sampling of soil, groundwater, or other environmental media at, on, or under any real property currently or formerly owned, leased, occupied or operated by the Company or any of its Subsidiaries.
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Testing and Sampling. EXXONMOBIL, at its sole expense, shall install, operate and maintain all sampling facilities designated by the Director for the purpose of testing and sampling the Industrial Wastewater being conveyed at the Point of Compliance. EXXONMOBIL shall install sampling and testing facilities in a location which allows representative samples to be collected of the discharge to the Xxxxxxxx wastewater system. The CITY shall have access to said facilities as needed to ensure compliance. EXXONMOBIL shall provide the necessary safety training for appropriate City staff to have immediate access onto the plant site to inspect the equipment and/or collect samples per EXXONMOBIL site access procedures. The Director or designee shall determine the type of tests to be performed, frequency of sampling, limits for test compliance, and methods and points of sampling on EXXONMOBIL effluent Industrial Wastewater. Said parameters are listed within the Permit and are subject to change with each reissuance of the permit. Such changes do not require renegotiation of this Agreement. EXXONMOBIL may request in writing to modify both the number of parameters and sampling frequency during each three year permit cycle. In the event that acute toxicity occurs in the CITY’S Publicly Owned Treatment Works (“POTW”) effluent demonstrated by two sampling events collected within 14 days, the CITY shall notify ExxonMobil within 5 days of the second event. EXXONMOBIL shall financially participate on an equitable basis in supplemental toxicity testing, toxicity identification evaluations (“TIE”) and toxicity reduction evaluations (“TRE”) conducted by the CITY. The EXXONMOBIL financial liability shall be based on actual costs incurred by the CITY and shall end at the time it is concluded that the EXXONMOBIL Industrial Wastewater discharge did not contribute to the POTW effluent toxicity. The enforcement procedures per the CITY’S ERP shall apply if the TRE and/or TIE indicate that the EXXONMOBIL Industrial Wastewater discharge caused the toxicity in the POTW effluent.
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Testing and Sampling. The Contractor shall permit periodic and random testing and sampling of the CAS. The Contractor shall maintain procedures and mechanisms to provide persons authorized by the Governing Board, Member States and Associate Member States with timely and reasonable access (either onsite or remote) to any documentation, system, database or system component needed to perform such tests or sampling. The Governing Board shall create a Testing Central (TC) program for the purpose of monitoring and communicating information regarding CAS modifications or changes and for communicating with the Contractor regarding changes to CAS requirements. The Contractor shall comply with all requirements and procedures established by TC for the performance of TC’s responsibilities and functions. The Governing Board, Member States and Associate Member States shall cooperate in protecting any proprietary, trade secret, or other confidential information accessed during testing and sampling activities, including the execution of reasonable confidentiality agreements submitted by the Contractor and approved by the Executive Director of the Governing Board.
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Testing and Sampling. The buyer and the seller should reach an agreement on the testing and sampling methods in terms of size, contaminant levels, and colours.
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Testing and Sampling 
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Related to Testing and Sampling

  • Testing Landlord shall have the right to conduct annual tests of the Premises to determine whether any contamination of the Premises or the Project has occurred as a result of Tenant’s use. Tenant shall be required to pay the cost of such annual test of the Premises; provided, however, that if Tenant conducts its own tests of the Premises using third party contractors and test procedures acceptable to Landlord which tests are certified to Landlord, Landlord shall accept such tests in lieu of the annual tests to be paid for by Tenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Premises by Tenant or any Tenant Party. If contamination has occurred for which Tenant is liable under this Section 30, Tenant shall pay all costs to conduct such tests. If no such contamination is found, Landlord shall pay the costs of such tests (which shall not constitute an Operating Expense). Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with all Environmental Requirements. Landlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Landlord may have against Tenant.

  • Tests 7.7.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Architect timely notice of its readiness so the Architect may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals conducted by public authorities. 7.7.2 If the Architect determines that any Work requires special inspection, testing, or approval which Subparagraph 7.7.1 does not include, he or she will, upon written authorization from the State, instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in Subparagraph 7.7.1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, the Contractor shall bear all costs thereof, including compensation for the Architect's additional services made necessary by such failure; otherwise the State shall bear such costs, and an appropriate Change Order shall be issued. 7.7.3 Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered by him to the Architect. 7.7.4 If the Architect is to observe inspections, tests or approvals required by the Contract Documents, he will do so promptly.

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