Testing Disputes Clause Samples
Testing Disputes. The Engineer shall certify all test results arising out of or in connection with Commissioning and determination of the Initial Dependable Capacity pursuant to this Section 7.1.2 and Schedule 3.
(a) If either Party disagrees with the certification made by the Engineer or the certification of the Testing and Commissioning Committee, as the case may be, pursuant to this Section 7, such Party may refer the matter as a Dispute to an Expert and the provisions of Section 19 shall apply, provided that all payments due between the Parties which became due following such certification shall be paid by the paying Party as they fall due (as if there were no such Dispute) notwithstanding the referral of such Dispute to the Expert and the provisions of Section 13.2(i) shall apply.
(b) In the event of a Dispute (other than those falling within Section 7.6(a) above) relating to the testing and Commissioning provisions set out in this Section 7 or Schedule 3 (or both), the Expert shall be the Engineer and the relevant provisions of Section 19 shall apply and the decision of the Engineer (acting as the Expert) made in accordance with Section 19 shall, in the absence of manifest error, be final and binding on the Parties.
Testing Disputes. Any Dispute between the Seller and the Purchaser arising under this Article VIII shall be resolved in accordance with the provisions of Article XVIII; provided that, in the case of a Dispute as to the successful completion of the Commissioning Tests, as certified by the Engineer, such Dispute shall be referred to the Expert, and the determination of the Expert under Section 18.2 shall be implemented and followed by the Parties prior to and pending any further dispute resolution proceedings pursued by a Party under Section 18.3.
Testing Disputes. The Testing and Commissioning Committee shall certify all test result arising out or in connection with the Commissioning of the Facility. If either Party disagrees with the test result made by the Testing and Commissioning Committee, pursuant to this Section 7, such Party may refer the matter as a Dispute and the provisions of Section 19 shall apply.
Testing Disputes. Any Dispute between the Parties arising under this Article VIII shall be resolved in accordance with the provisions of Article XVIII; provided that, in the case of a Dispute as to the successful completion of the Commissioning Tests, as certified by the Engineer, such Dispute shall, unless the Parties otherwise agree, be referred to the Expert, and the determination of the Expert under Section 18.2 shall be implemented and followed by the Parties prior to and pending any further dispute resolution proceedings pursued by a Party under Section 18.3. At the request of any Party, for purposes of resolving any Dispute related to the Commissioning Tests or the rights and liabilities of each Party under Section 6.5 or Section 8.1, the Expert may be appointed in accordance, mutatis mutandis, with the provisions of Section 18.2 forty-five (45) Days in advance of the scheduled date for synchronization of the Complex with the Grid System and shall be available thereafter to resolve any such Dispute. Unless the Parties otherwise agree, the Expert shall not attend the Commissioning Tests or be present on the Site prior to any Dispute being referred to the Expert by a Party. The fees and expenses of the Expert shall be shared equally by the Parties to the dispute. 3 This will also require modification keeping in view type of Power Plant.
Testing Disputes. Any Dispute between the Concessionaire and the Grantor arising under this Article 7 shall be resolved in accordance with the provisions of Article 24; provided, however, that, in the case of a Dispute as to the successful completion of the Commissioning Tests, as certified by the Independent Engineer, such Dispute shall, unless the Parties otherwise agree, qualify as a Technical Dispute for purposes of Dispute resolution proceedings under Article 24.
Testing Disputes. If, at any time, any of the parties hereto disagree as to any issue pursuant to this Agreement including, without limitation, whether a Successful Testing has occurred, such disagreement shall be resolved by such parties in accordance with the provisions of Section 23 hereof.
Testing Disputes. 66 Section 8.8 Payment for Net Delivered Energy during Testing 66 Section 9.1 Energy Payments 67 Section 9.2 Pass-Through Item(s); Supplemental Tariffs 71 Section 9.3 Liquidated Damages 71 Section 9.4 Billing 72 Section 9.5 Payment 74 Section 9.6 Payment Disputes 75 Section 9.7 Supporting Data 76 Section 9.8 Reserve Fund 77 Section 11.1 Indemnification 80 Section 11.2 Assertion of Claims to Exceed Minimum Indemnification Amount 80 Section 11.3 Indemnification for Fines and Penalties 81 Section 11.4 Defense of Claims 81 Section 11.5 Notice of Claims 82 Section 12.1 Maintenance of Insurance Policies 83 Section 12.2 Maintenance of “Occurrence” Form Policies 84 Section 12.3 Policy Endorsements 84 Section 12.4 Endorsements to Fire and Perils and Machinery Breakdown Policies . .........................................................................................................................85 Section 12.5 Certificates of Insurance 85 Section 12.6 Insurance Reports 85
Testing Disputes. Section 8: LIQUIDATED DAMAGES
8.1 Delay in Commercial Operations 8.2 Failure to Meet Contracted Facility Capacity.
Testing Disputes. If either Party disagrees with the certification made by the Testing and Commissioning Committee, pursuant to this Section 7, such Party may refer the matter as a Dispute to an Expert and the provisions of Section 19 shall apply; provided that all payments due between the Parties which became due following such certification shall be paid by the paying Party as they fall due (as if there were no such Dispute) notwithstanding the referral of such Dispute to the Expert.