Cost and Direction Clause Samples

Cost and Direction. (a) The Performance Tests shall be conducted by a PacifiCorp-approved third party, under the direction of Developer. PacifiCorp will cooperate with Developer’s reasonable requests in connection with the Performance Tests, but shall not be required to provide any materials, electricity, fuel, water or stores. (b) Developer shall provide all materials, electricity, fuel, water and stores, and all personnel necessary to supervise startup and the conducting of the Performance Tests and shall provide all necessary technical assistance and advice in connection with the Performance Tests. Except as approved by PacifiCorp in writing, Developer shall not use personnel in excess of the normal contingent of Facility operations staff to operate the Facility during the Performance Tests. During training and conducting the Performance Tests PacifiCorp’s operating personnel shall be working under the technical direction and instruction of Developer and Developer shall be responsible for the accuracy of its instructions/directions provided to PacifiCorp’s operating personnel.

Cost and Direction. (a) Except as set forth in Article 14 with respect to Company-Procured Equipment, the Performance Tests shall be conducted by and under the direction and at the Cost of Contractor. Company will cooperate with Contractor’s reasonable requests in connection with the Performance Tests. (b) Other than those items and services that are the obligation of Company to furnish pursuant to Article 8, Contractor shall provide all Equipment, Materials, consumables, and stores, and all personnel necessary to supervise startup and the conducting of the Performance Tests and shall provide all necessary technical assistance and advice in connection with the Performance Tests. Unless agreed to otherwise by the Parties, Contractor shall not use Company personnel in excess of the normal contingent of Plant operations staff to operate the Plant during the Performance Tests. During the Training and the Performance Tests, Company’s operating personnel shall work under the technical direction and instruction of Contractor and Contractor shall be responsible for the accuracy of its instructions/directions provided to Company’s operating personnel. To the extent reasonably practicable and otherwise feasible without additional expense under the Company-Procured Equipment Purchase Agreements and subject to Section 17.1(c), Contractor shall conduct its Performance Tests at the same time performance tests are conducted on Company-Procured Equipment.

Cost and Direction. The Performance Tests shall be conducted by and under the direction of Contractor. Owner will cooperate with Contractor’s reasonable requests in connection with the Performance Tests, and shall provide all required electricity, raw water, natural gas, and operating personnel but shall not be required to provide any additional materials or consumables. Contractor shall provide all other necessary Materials (excluding electricity, raw water and natural gas) and consumables, and all personnel necessary to supervise startup and the conducting of the Performance Tests, and shall provide all necessary technical assistance and advice in connection with the Performance Tests. Except as approved by Owner in writing, Contractor shall not use Owner personnel in excess of the normal contingent of Project operations staff to operate the Project during the Performance Tests. During training and conducting the Performance Tests, Owner’s operating personnel shall be working under the technical direction and instruction of Contractor and Contractor shall be responsible for the accuracy of its instructions/directions provided to Owner’s operating personnel and all actions of Owner’s operating personnel, except to the extent of any gross negligence or willful misconduct on the part of such personnel.

Cost and Direction. The Performance Tests shall be conducted by a PacifiCorp-approved third party, under the direction of Developer. PacifiCorp will cooperate with Developer’s reasonable requests in connection with the Performance Tests, but shall not be required to provide any materials, electricity, fuel, water or stores. Developer shall provide all materials, electricity, fuel, water and stores, and all personnel necessary to supervise startup and the conducting of the Performance Tests and shall provide all necessary technical assistance and advice in connection with the Performance Tests. Except as approved by PacifiCorp in writing, Developer shall not use personnel in excess of the normal contingent of Facility operations staff to operate the Facility during the Performance Tests. During training and conducting the Performance Tests PacifiCorp’s operating personnel shall be working under the technical direction and instruction of Developer and Developer shall be responsible for the accuracy of its instructions/directions provided to PacifiCorp’s operating personnel.