Appointment of Independent Engineer. For the purposes of this ARTICLE III, Seller shall not less than sixty (60) days prior to the commencement of the tests under Section 3.3 and Section 3.4 appoint an independent, suitably qualified professional engineer approved by Buyer who shall among other things witness the commissioning and testing of each Bloom System and the BOF Work pursuant to this ARTICLE III (the “Independent Engineer”). Unless objected to by Seller, Buyer or the Buyer’s Lender, the independent engineer appointed pursuant to the Credit Documents shall serve as the Independent Engineer under this Agreement. All fees and costs payable in respect of the Independent Engineer (including those incurred in making such appointment) shall be borne by Seller.
Appears in 5 contracts
Samples: Master Energy Server Purchase Agreement, Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)
