Buyer’s Performance Tests Sample Clauses

Buyer’s Performance Tests. In addition to the Standard Performance Tests required above, Buyer may request up to two additional Performance Tests in any Contract Year which shall be performed in accordance with the Test Procedures and upon no less than twenty-four (24) hours written Notice to Seller (“Buyer’s Performance Test”). Prior to the commencement of a Buyer’s Performance Test, Seller shall Notify Buyer of all costs of each Buyer’s Performance Tests in excess of Seller’s usual costs of responding to dispatch of the Units during a non-test period (“Additional Test Costs”), and such costs shall be borne by Buyer, if commercially reasonable. Buyer agrees to accept all Energy produced during a Buyer’s Performance Test and make Gas available as required for such testing at its expense. The Tested Capacity as determined through the Buyer’s Performance Test shall be used to determine the Monthly Contract Capacity in the same manner as the Tested Capacity determined through a Performance Test as provided in Section 3.11(d)(ii)(A) and (B) and the adjustment shall be effective as of the first day of the month following the month in which the Buyer’s Performance Test occurs. Seller’s Additional Test Costs as approved by Buyer prior to the commencement of the additional Performance Test, shall be invoiced by Seller to Buyer and Buyer shall pay such costs, provided that invoicing and payment for all amounts due from one Party to the other Party as necessary to implement this provision shall be done pursuant to Article VI.
Sample 1
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Buyer’s Performance Tests. If the results of a Buyer’s Performance Test are outside the standards specified within the Test Procedures for such test of any Other Product or Ancillary Service, then Buyer will assess a charge via the UNAVAILPRODHRS term in the Availability compensation calculation in Section 3.3. Seller may remedy the deficiency as demonstrated by a Seller’s Performance Test. The reduction in Availability for UNAVAILPRODHRS will be made on the first day after the Buyer’s Performance Test indicates an operational deficiency and such reduction shall continue until the first day after a Seller’s Performance Test demonstrates the operational deficiency is remedied.
Sample 1

Related to Buyer’s Performance Tests

  • Acceptance/Performance Test 4.7.1 Prior to synchronization of the Power Project, the SPD shall be required to get the Project certified for the requisite acceptance/performance test as may be laid down by Central Electricity Authority or an agency identified by the central government to carry out testing and certification for the solar power projects.

  • Performance Testing 7.2.1 The Design-Builder shall direct and supervise the tests and, if necessary, the retests of the Plant using Design-Builder’s supervisory personnel and the Air Emissions Tester shall conduct the air emissions test, in each case, in accordance with the testing procedures set forth in Exhibit A (the “Performance Tests”), to demonstrate, at a minimum, compliance with the Performance Guarantee Criteria. Owner is responsible for obtaining Air Emissions Tester and for ensuring Air Emissions Tester’s timely performance. Design-Builder shall cooperate with the Air Emissions Tester to facilitate performance of all air emissions tests. Design-Builder shall not be held responsible for the actions of Owner’s employees and third parties involved in the Performance Testing, including but not limited to Air Emissions Tester.

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Contractor Performance Evaluations The Contract Administrator will evaluate Contractor’s performance as often as the Contract Administrator deems necessary throughout the term of the contract. This evaluation will be based on criteria including the quality of goods or services, the timeliness of performance, and adherence to applicable laws, including prevailing wage and living wage. City will provide Contractors who receive an unsatisfactory rating with a copy of the evaluation and an opportunity to respond. City may consider final evaluations, including Contractor’s response, in evaluating future proposals and bids for contract award.

  • CONTRACTOR PERFORMANCE Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office.

  • Annual Performance Review The Employee’s performance of his duties under this Agreement shall be reviewed by the Board of Directors or a committee of the Board of Directors at least annually and finalized within thirty (30) days of the receipt of the annual audited financial statements. The Board of Directors or a committee of the Board of Directors shall additionally review the base salary, bonus and benefits provided to the Employee under this Agreement and may, in their discretion, adjust the same, as outlined in Addendum B of this Agreement, provided, however, that Employee’s annual base salary shall not be less than the base salary set forth in Section 4(A) hereof.

  • Registry Performance Specifications Registry Performance Specifications for operation of the TLD will be as set forth in Specification 10 attached hereto (“Specification 10”). Registry Operator shall comply with such Performance Specifications and, for a period of at least one (1) year, shall keep technical and operational records sufficient to evidence compliance with such specifications for each calendar year during the Term.

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that:

  • Performance Requirements 1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in its territory:

  • CONTRACTOR’S PERFORMANCE 2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director’s opinion, Contractor is not interacting in a positive and polite manner with citizens, he or she shall direct Contractor to take all remedial steps to conform to these standards

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