Common use of Conducting the Test Clause in Contracts

Conducting the Test. 1.3.1 The DELTA-T Test Coordinator shall be provided with operating data by the OWNER sufficient to verify that the PLANT is operating at a condition suitable for initiation of the PERFORMANCE TEST. At the scheduled start time of the PERFORMANCE TEST, the DELTA-T Test Coordinator will signal that the test has formally begun and will direct operators to take the initial test measurements. The test will be conducted over a three-day (72 hour) period of operation. During the Test period, the PLANT shall be operated by the OWNER in compliance with the instructions of DELTA-T and the Delta-T Operations Manual and instructions provided by DELTA-T, including, without limitation, adjustments in temperatures, pressures, feedstock rates, steam flow, and other process control inputs, provided these adjustments do not result in unsafe operating conditions. PLANT operators will monitor and record operating data according to standard procedures and in addition will record the supplemental data specified in this protocol on data sheets in the form to be provided by DELTA-T. Records will be developed from permanent plant equipment that is calibrated immediately prior to test. All test measurements will be reviewed by the Test Coordinator (or a designated representative). If the Test Coordinator believes that there might be a problem with the measurement method or reading, the reading will be retaken and verified by the Test Coordinator and OWNER’S Representative. Immediately upon the conclusion of the PERFORMANCE TEST, the Test Coordinator will meet with representatives of OWNER to review the test results. DELTA-T and OWNER shall each be given a copy of the test results. If the Performance Guarantees have been met, then OWNER shall promptly issue a notice to DELTA-T to such effect. If the PERFORMANCE TESTS have not been met, then OWNER shall issue a written notice to DELTA-T within one (1) day of completion of the PERFORMANCE TESTS indicating in what manner such Performance Guarantees have not been successfully completed.

Appears in 2 contracts

Samples: Agreement (Otter Tail Ag Enterprises, LLC), Agreement (Otter Tail Ag Enterprises, LLC)

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Conducting the Test. 1.3.1 3.3.1. The DELTADesign-T Builder’s Test Coordinator shall be provided with operating data by the OWNER sufficient to verify that the PLANT Plant is operating at a condition suitable for initiation of the PERFORMANCE TESTPerformance Test. At the scheduled start time of the PERFORMANCE TESTPerformance Test (“Performance Test” or “Test”), the DELTA-T Test Coordinator will signal that the test Test has formally begun and will direct operators to take the initial test measurements. The test Test will be conducted over a three-7 day (72 hour) period of operation. During the Test periodperiod under the supervision of Design-Builder utilizing qualified operation and maintenance personnel provided by Owner, the PLANT Plant shall be operated by the OWNER in compliance with the instructions of DELTADesign-T and the Delta-T Builder’s Plant Operations Manual and instructions provided by DELTADesign-TBuilder, including, without limitation, adjustments in temperatures, pressures, feedstock rates, steam flow, and other process control inputs, provided these adjustments do not result in unsafe or extraordinary operating conditions. PLANT Plant operators will monitor and record operating data according to standard procedures and in addition will record the supplemental data specified in this protocol on data sheets in the form to be provided by DELTADesign-T. Builder. Records will be developed from permanent plant Plant equipment that is calibrated immediately prior to test. All test measurements will be reviewed by the Test Coordinator (or a designated representative). If the Test Coordinator believes that there might be a problem with the measurement method or reading, the reading will be retaken and verified by the Test Coordinator and OWNER’S Owner’s Representative. Immediately upon the conclusion of the PERFORMANCE TESTPerformance Test, the Test Coordinator will meet with representatives of OWNER Owner to review the test results. DELTA-T and OWNER shall each be given a copy of the test results. If the Performance Guarantees Tests have been successfully completed, a written report has been issued, and the performance guarantees have been met, then OWNER the Owner shall promptly issue a notice to DELTADesign-T Builder to such effect. If effect in accordance with the PERFORMANCE TESTS have not been met, then OWNER shall issue a written notice to DELTA-T within one (1) day of completion of the PERFORMANCE TESTS indicating in what manner such Performance Guarantees have not been successfully completedAgreement.

Appears in 2 contracts

Samples: License Agreement (ASAlliances Biofuels, LLC), License Agreement (ASAlliances Biofuels, LLC)

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Conducting the Test. 1.3.1 The DELTA-T Test Coordinator shall be provided with operating data by the OWNER sufficient to verify that the PLANT is operating at a condition suitable for initiation of the PERFORMANCE TEST. At the scheduled start time of the PERFORMANCE TEST, the DELTA-T Test Coordinator will signal that the test has formally begun and will direct operators to take the initial test measurements. The test will be conducted over a three-day (72 hour) period of operation. During the Test period, the PLANT shall be operated by the OWNER in compliance with the instructions of DELTA-T and the Delta-T Operations Manual and instructions provided by DELTA-T, including, without limitation, adjustments in temperatures, pressures, feedstock rates, steam flow, and other process control inputs, provided these adjustments do not result in unsafe operating conditions. PLANT operators will monitor and record operating data according to standard procedures and in addition will record the supplemental data specified in this protocol on data sheets in the form to be provided by DELTA-T. Records will be developed from permanent plant equipment that is calibrated immediately prior to test. All test measurements will be reviewed by the Test Coordinator (or a designated representative). If the Test Coordinator believes that there might be a problem with the measurement method or reading, the the. reading will be retaken and verified by the Test Coordinator and OWNER’S Representative. Immediately upon the conclusion of the PERFORMANCE TEST, the Test Coordinator will meet with representatives of OWNER to review the test results. DELTA-T and OWNER shall each be given a copy of the test results. If the Performance Guarantees have been met, then OWNER shall promptly issue a notice to DELTA-T to such such’ effect. If the PERFORMANCE TESTS have not been met, then OWNER shall issue a written notice to DELTA-T within one (1) day of completion of the PERFORMANCE TESTS indicating in what manner such Performance Guarantees have not been successfully completed.

Appears in 1 contract

Samples: Procurement and Construction Services (Otter Tail Ag Enterprises, LLC)

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