Incomplete Test Clause Samples

Incomplete Test. If any Test is not completed in accordance herewith, such Test shall be deemed an “Incomplete Test”, and Buyer may in its sole discretion: (i) accept the Test results up to the time the Test stopped (other than in the case such Test is the Commercial Operation Test); (ii) require that the portion of the Test not completed, be completed within a reasonable specified time period; or (iii) require that the Test be entirely repeated. Unless the reason a Test is an Incomplete Test, any repeat or re-starting of a Test that is a Buyer Cost Test shall cause such Test to be a Seller Cost Test instead.

Incomplete Test. If any Test is not completed in accordance herewith, SCE may in its sole discretion: (i) accept the Test results up to the time the Test stopped (other than in the case such Test is an Initial Commerical Operation Test); (ii) require that the portion of the Test not completed, be completed within a reasonable specified time period; or (iii) require that the Test be entirely repeated. Notwithstanding the above, if Seller is unable to complete a Test due to a Seller’s Force Majeure or the actions or inactions of SCE or the CAISO, Seller shall be permitted to reconduct such Test as a Seller Initiated Test under Section 7.017.03(c) on dates and at times reasonably acceptable to SCE.

Incomplete Test. If any Test is not completed in accordance herewith, District may in its sole discretion: (i) accept the Test results up to the time the Test stopped (other than in the case such Test is a Commercial Operation Test); (ii) require that the portion of the Test not completed, be completed within a reasonable specified time period; or (iii) require that the Test be entirely repeated. Notwithstanding the above, if Contractor is unable to complete a Test due to a Contractor’s Force Majeure or the actions or inactions of District, Contractor shall be permitted to conduct such Test as a Contractor Initiated Test under Section 5.4(C) on dates and at times reasonably acceptable to District.

Incomplete Test. If any Performance Test is not completed in accordance herewith, Contractor may in its sole discretion: (i) accept the results up to the time the Performance Test stopped; (ii) require that the portion of the Performance Test not completed, be completed within a reasonable specified time period; or (iii) require that the Performance Test be repeated in its entirety. Notwithstanding the above, if Contractor is unable to complete a Performance Test due to a Force Majeure Event or the actions or inactions of Owner, the CAISO or the Transmission Provider, Contractor shall be permitted to reconduct such Performance Test on dates and at times reasonably acceptable to the Parties.

Incomplete Test. If any Test is not completed in accordance herewith, Buyer may in its sole discretion: (i) accept the Test results up to the time the Test stopped (other than in the case such Test is an Commerical Operation Test); (ii) require that the portion of the Test not completed, be completed within a reasonable specified time period; or (iii) require that the Test be entirely repeated. Notwithstanding the above, if Seller is unable to complete a Test due to a Seller’s Force Majeure or the actions or inactions of Buyer or the CAISO, Seller shall be permitted to reconduct such Test as a Seller Initiated Test under Section 7.1 on dates and at times reasonably acceptable to Buyer.

Incomplete Test. If any SCT is not completed in accordance herewith, Buyer may in its sole discretion: (i) accept the results up to the time the SCT stopped without any modification to the Contract Capacity pursuant to Section H below; (ii) require that the portion of the SCT not completed, be completed within a reasonable specified time period; or (iii) require that the SCT be entirely repeated within a reasonable specified time period. Notwithstanding the above, if Seller is unable to complete a SCT due to a Force Majeure Event or the actions or inactions of Buyer or the CAISO or the Transmission Provider, Seller shall be permitted to reconduct such SCT on dates and at times reasonably acceptable to the Parties.

Incomplete Test. If any SCT is not completed in accordance herewith (including as a result of any conditions specified in Section A.1.2.E(2) of this Storage Capacity Test Procedure), Seller may, in its sole discretion: (i) accept the results up to the time the SCT was suspended; provided, however, that to the extent Buyer reasonably objects to such results, Buyer may require that the SCT be repeated or that the portion thereof that was not completed, be completed within a reasonable specified time period; (ii) require that the portion of the SCT that was not completed to be completed within a reasonable specified time period; or (iii) require that the SCT be entirely repeated. Notwithstanding the foregoing, if Seller is unable to complete an SCT due to a Force Majeure event or the actions or inactions of Buyer or the Transmission Provider, Seller shall be permitted to reconduct such SCT on dates and at times reasonably acceptable to the Parties.