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.
Performance Testing. During the Contract Term, additional Storage Rating Tests shall be conducted from time to time in accordance with Exhibit C.
Performance Testing. (a) All performance tests of the Project, including any Initial Performance Test required in Section 2 of Appendix VIII, will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”), including additional procedures and protocols related to Performance Testing as mutually agreed between Buyer and Seller (“Test Procedures”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests.
Performance Testing. (i) Prior to the Commercial Operation Date, Seller shall schedule and complete a test of the Storage Facility in accordance with the testing procedures, requirements and protocols set forth in Appendix B (a “Storage Contract Capacity Test”). Thereafter, at least once per year, Seller shall schedule and complete a Storage Contract Capacity Test in accordance with Appendix B. Buyer shall have the right to require a retest of the Storage Contract Capacity Test in accordance with Appendix B.
Performance Testing. A. When a performance test is required by either the public authority or the Contract Documents, Contractor shall: (1) Schedule the test, (2) Give adequate notice to Owner of the time and date set for the test, (3) Prepare Samples suitable for testing, and (4) Distribute test results to Owner or Owner's Representative. On request of Owner or Owner's Representative, Samples for testing shall be selected by or in the presence of Owner or Owner's Representative.
Performance Testing. Con Xxxxxx may conduct Test Events during any Capability Period of the Program Agreement in order to test Applicant’s response to a request for Load Relief. In addition, Test Events will be considered Events for purposes of calculations of Adjusted Performance Factor, and so will be part of the calculation of Average Season Performance Factor. Test Events shall last for no more than one hour.
Performance Testing. Contractor shall perform, and re-perform if necessary, the Performance Tests and the PPA Output Tests in accordance with the provisions of Section 6.2 hereof in order to demonstrate achievement of Provisional Acceptance, Interim Acceptance and/or Final Acceptance and the level of achievement of the Performance Guarantees relating thereto.
Performance Testing. The Project Facility has successfully completed all tests demonstrating satisfaction of all required performance standards under the applicable Project Documents, including without limitation verification that the Project Facility Performance Targets have been met.
Performance Testing. 5/26/1994 11/3/1999, 64 FR 59629.
Performance Testing. As soon as reasonably practicable following Mechanical Completion of Unit 6 or the Unit 5 Scrubber as set forth in Article 11 below, and after providing Owner at least five (5) Days prior written notice (unless Owner agrees to a shorter notice period or regulatory requirements necessitate a longer notice period), Contractor shall commence Performance Testing of Unit 6 or the Unit 5 Scrubber. All Performance Testing shall be conducted in accordance with the Testing Procedures developed in accordance with the requirements of Exhibit L-1 or Exhibit L-2, as applicable, and approved by Owner (such approval not to be unreasonably withheld or delayed). Owner and its agents, representatives and invitees, including any independent third party inspector, shall have the right to attend and witness the Performance Testing. After the completion of each successful Performance Test, Contractor shall determine and submit to Owner, in writing and electronically, the raw data and completed results of such Performance Test, together with a comparison of such results to the applicable Performance Guarantees and a statement whether such results satisfy the applicable Performance Guarantees. By submitting such raw data and completed results, Contractor represents that such raw data, and the conversion of such raw data into the test results, is accurate. All Performance Testing shall be conducted in conformance with the applicable requirements of this Agreement and the Testing Procedures and with the required prior notification to Owner.
