Common use of Testing Disputes Clause in Contracts

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, 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 either 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.

Testing Disputes. Any Dispute between the Seller Company and the Power 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, 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 either 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-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.

Testing Disputes. Any Dispute between the Seller and the Purchaser 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 either 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 PartiesParties to the dispute. 3 This will also require modification keeping in view type of Power Plant.

Testing Disputes. Any Dispute between the Seller Company and the Power 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, 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 either 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.