TESTING AND VERIFICATION Sample Clauses

TESTING AND VERIFICATION. [PG&E Note to Sellers: Delete this Section 5.1

TESTING AND VERIFICATION. (a) The accuracy of any measuring equipment used to measure the volume or quality of a Site Service, Return Stream or Supplied Product that is supplied must be verified at least once each year, or as otherwise agreed to by both Parties, and at other times upon the reasonable request of the Party that is not responsible for the operation and maintenance thereof (the “Non-Owning Party”) unless performing the verification requires a shutdown or interruption:

TESTING AND VERIFICATION. 7.1 The Principal may analyse and conduct such tests in relation to the Source Code as the Principal considers reasonably necessary, to verify that the Source Code depos- ited pursuant to this Agreement accords with the description of the Source Code in this Agreement or as represented by the Supplier. 7.2 The Principal may engage an independent assessor to undertake analysis and tests of the Source Code on the Principal’s behalf. 7.3 The costs of the independent verification must be borne by the Principal, unless the verification demonstrates that the Source Code does not accord with its description in this Agreement or with the Supplier’s representations, in which case the costs of the independent verification must be borne by the Supplier. 7.4 The Supplier consents to the release of the Source Code to the Principal or the Prin- cipal’s agent for the purposes of testing and verification under this clause.

TESTING AND VERIFICATION. Performance Testing. All performance tests of the Project, including Initial Performance Test and any additional procedures and protocols related to Performance Testing as agreed between Buyer and Seller required in Appendix V (“Test Procedures”), will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. After the Initial Delivery Date and during the Delivery Term, Buyer will have the right to conduct, at Seller’s sole expense, one (1) Performance Test (“Buyer Performance Test”) each calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Seller will have a right to retest the Project with a Performance Test once each calendar year after a Buyer Performance Test (“Seller Retest”). If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is capable of delivering Distribution Services at or above 100% of the Contract Capacity, the Contract Capacity will remain the Contract Capacity; If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is not capable of delivering Distribution Services at 100% or more of the Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(vii).

TESTING AND VERIFICATION. As part of the Engineering Services, TiVo shall test the US Falcon Product to verify that it properly runs the TiVo Client Software and is TiVo-Enabled. Sony Electronics shall not ship, and shall not authorize shipment of, any US Falcon Products prior to receipt of such written verification from TiVo.

TESTING AND VERIFICATION. Performance Testing. All performance tests of the Project, including any Initial Performance Test and any additional procedures and protocols related to Performance Testing as agreed between Buyer and Seller required in Appendix VIII (“Test Procedures”), will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. Within 30 calendar days following a Buyer Performance Test, Seller will have the right to retest the Project (“Seller Retest”). For the avoidance of doubt, the results of any Seller Retest will supersede the results of the preceding Buyer Performance Test. After the Initial Delivery Date and during the Delivery Term, Buyer will have the right to conduct, at Seller’s sole expense, one (1) Performance Test (“Buyer Performance Test”) each calendar month during the Delivery Period to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Within 30 calendar days following a Buyer Performance Test, Seller will have a right to retest the Project with a Performance Test once each calendar month after a Buyer Performance Test (“Seller Retest”). If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is capable of delivering Distribution Services at or above 100% of the Contract Capacity, the Contract Capacity will remain the Contract Capacity; If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is not capable of delivering Distribution Services at 100% or more of the Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(vii).

TESTING AND VERIFICATION. 12 5.1. Performance Testing. 12 5.2. Measurement and Verification. 13

TESTING AND VERIFICATION. At Beneficiary’s request and expense, Xxxxxx Bureau may provide various levels of independent testing or verification of the Deposit Materials, per the Beneficiary’s written requirement or instruction. Any bid for testing or verification shall be approved by Beneficiary in writing and paid in advance. Upon completion, reports of the testing or verification will be issued to the parties.

TESTING AND VERIFICATION. 7.1 The Customer may, in the presence of and under the supervision of the Contractor, analyse and conduct tests in relation to the Source Code and Supporting Material for verification purposes. 7.2 The Customer may engage an independent assessor to undertake analysis and tests of the Source Code and Supporting Material for verification purposes, on its behalf. 7.3 The Escrow Agent shall release the Source Code and Supporting Material to the independent party upon presentation of a Release form signed by the Customer and the Contractor specifying the material to be released and identifying the person to whom that material may be released.

TESTING AND VERIFICATION. 7.1 State and Operator may test Escrow Materials