Common use of Field Test Clause in Contracts

Field Test. Comverge shall provide Gulf with *** prototype Thermostat IIs (“Prototypes”) by the end of the first quarter of 2006. Gulf shall have a *** days after delivery of the Prototypes in which to conduct field tests of the Prototypes, which shall, in Gulf’s scale good faith judgment, include such tests and procedures as it believes are necessary and reasonable under the circumstances (“Field Tests”). On completion of the Field Tests, Gulf shall promptly notify Comverge in writing and in the manner required by the Original Agreement whether it accepts or rejects the Prototypes. Gulf will consider customer acceptance and usability as part of the fieldtest if Gulf, in its good faith judgment reasonably exercised, rejects the Prototypes it shall specify in writing and in reasonable detail the deficiency or deficiencies that resulted in the rejection. Comverge shall then have thirty (30) days to cure any deficiency and resubmit the Prototypes to Gulf for additional field testing.