Examples of Project Performance Test in a sentence
Seller shall bear and be responsible for the timely payment of the costs to perform each Project Performance Test and prepare the Project Performance Test Report setting forth the Project Performance Test Results of each such Project Performance Test, including all costs of the Project Performance Test Contractor.
Each Project Performance Test Report shall meet the requirements set forth in this Agreement, including the Scope Book and the Performance Standard applicable to Project Performance Tests, and shall be subject to the approval of Buyer, which shall not be unreasonably withheld, delayed, or conditioned.
Using Project Performance Test information provided to Buyer by Seller or available to Buyer from Project or MISO equipment, systems, and data, Buyer, as the Market Participant (as defined in the MISO Agreement) for the Project under the MISO Agreement, shall coordinate the scheduling, offering, and dispatch of energy and Other Electric Products and otherwise interface with MISO with respect to each Project Performance Test.
Seller shall be responsible for providing all test instrumentation (including the instrumentation described in the Scope Book), equipment, systems, tools, calibrations, material, labor (including operators and testing specialists), utilities, and services necessary to conduct each Project Performance Test in accordance with the terms of this Agreement and for staffing and operating the Project as needed for each Project Performance Test.
Nothing in the Scope Book or this Agreement shall prevent Seller or the Project Performance Test Contractor from interrupting, suspending, cancelling, or terminating a Project Performance Test and scheduling and conducting, in accordance with the requirements of this Agreement and the Scope Book, a separate subsequent Project Performance Test.
Seller shall consider, and shall ensure that Project Performance Test Contractor shall consider, in good faith any comment on any draft report provided by Buyer under this Section 9.1(e).
If the Project Performance Test Results of such Optional Project Performance Re-Test show that one or more of the Minimum Performance Test Requirements were not achieved, Seller shall, at its sole expense, conduct additional Optional Project Performance Re-Tests until the Project Performance Test Results show that all of the Minimum Performance Test Requirements have been achieved.
If Buyer objects to Seller’s proposed dates and times for any Project Performance Test, Buyer shall propose in good faith at least three (3) new dates and times for such Project Performance Test that are as close to Seller’s initial proposed dates and times as is reasonably acceptable to Buyer and Buyer and Seller shall promptly select the dates and times of such Project Performance Test from among the alternative dates and times proposed by Buyer and promptly notify Buyer of such selection.
The Substantial Completion Payment Date shall be extended day for day for each day that the Project Performance Test Results show that the Minimum Performance Test Requirements have not been achieved.
Notwithstanding anything to the contrary, a Project Performance Test, once begun, may not be interrupted or suspended and then resumed without Buyer’s prior written approval.