Common use of Performance Testing Clause in Contracts

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.

Appears in 7 contracts

Samples: Distribution Services Agreement, Distribution Services Agreement, Distribution Services Agreement

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Performance Testing. (a) All performance tests of the Project, including any Initial Performance Test required in Section 2 of Appendix VIII-B, will be performed in accordance with the test procedures set forth in Appendix VIII X (“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.

Appears in 3 contracts

Samples: Distribution Services Agreement, Distribution Services Agreement, Distribution Services Agreement

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Performance Testing. (a) All performance tests of the Project, including any Initial Performance Test and any additional procedures and protocols related to Performance Testing as agreed between Buyer and Seller required in Section 2 of Appendix VIIIV (“Test Procedures”), 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.

Appears in 1 contract

Samples: Distribution Services Agreement

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