Performance Tests. Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.
Performance Tests. Each Seller shall perform the Performance Tests for each Purchased System that was purchased by Purchaser from such Seller under this Agreement. Such Seller’s technical personnel (or, when applicable, the installer or manufacturer’s personnel, with such Seller’s supervision) shall operate the PV Systems during the Performance Tests. If a PV System fails to pass the Performance Tests, then such Seller shall take corrective actions and repeat the Performance Tests until such PV System successfully completes the Performance Tests or the Completion Deadline, whichever occurs first.
Performance Tests. With respect to the Gateway Expansion and the Diablo Project and following the initial borrowing of Construction Loans in connection with such Project, the Administrative Agent and the Independent Engineer shall have the right to witness and verify the Performance Tests. The Borrower shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test no less than five Business Days prior to any Performance Test. If, upon completion of any Performance Tests, the Loan Parties have decided to use such Performance Tests as the basis for declaring the applicable Substantial Completion for the applicable Project, the Borrower shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting the results of such Performance Tests, accompanied by supporting data and calculations (each, a “Performance Test Report”), and the Independent Engineer will, within five Business Days after the receipt of such Performance Test Report, (a) certify in writing to the Administrative Agent, the results of the Performance Tests and confirm that such Performance Tests were performed in accordance with applicable Prudent Industry Practice or (b) deliver a report to the Administrative Agent and the Borrower setting forth in reasonable detail any material objections of the Independent Engineer to such Performance Test Report. If any such objections are made by the Independent Engineer, then the Loan Parties shall be permitted to address such objections to the reasonable satisfaction of the Independent Engineer or conduct additional Performance Tests in accordance with this Section 5.14.
Performance Tests. General Capitalized terms used and not defined in this Exhibit J-1 shall have the meaning ascribed to those terms in the Membership Interest Purchase, Project Development and Construction Management Agreement between [AESI DevCo], an Indiana limited liability company (“Purchaser”), and [Seller], a [ ] [limited liability company] (“Seller”) (the “Agreement”).
Performance Tests. Owner, with the advice of, and in conjunction with Vendor, or Vendor, with the advice of, and in conjunction with Owner, as set forth below, shall conduct the following performance tests in accordance with Exhibit C – Performance Tests and Procedures (the “Performance Tests”):
Performance Tests. 3.1 If relevant, performance test(s) shall be performed and included in Supplier’s delivery. This test shall in particular satisfy the requirements specified in this Agreement. This test shall in general also verify the compliance of the Supply with rules and regulations and its fitness to perform the intended tasks. Supplier shall keep the necessary spare parts for his Supply in order to avoid delays of the delivery due to occurrences during the performance test.
Performance Tests. Seller shall conduct or cause to be conducted the Performance Tests as soon as practicable in accordance with the Specifications, procedures and protocols of Appendix H and the other tests, procedures and protocols to be developed by the Parties. At least nine (9) months prior to the Guaranteed Substantial Completion Date, Seller shall deliver to Buyer a supplement to Appendix H further outlining the tests and procedures to be followed in conducting the Performance Tests criteria. Such supplement shall include, at a minimum, provisions addressing (a) testing procedures for each item of Equipment, (b) functional performance tests for starting up the Plant under different specified operating conditions and (c) any other activities that, in accordance with Prudent Industry Practices, should be included. Thereafter, the Parties shall promptly agree on modifications to such supplement so that Appendix H, as supplemented, is satisfactory to Buyer. Seller shall provide Buyer with notice when the Plant is ready for Performance Testing.
Performance Tests. Seller shall conduct all Performance Tests after the Closing and synchronization of the Project to the interconnected electric grid. Performance Tests may be run simultaneously when possible. Exhibit J-1 and Exhibit J-2 set forth certain requirements, standards, and procedures for the performance of the Performance Tests, which shall be conducted in accordance with the Commissioning Plan and include a Performance Test Report. The Performance Test Report shall include the following information with respect to the Performance Test Results: Summary Test protocols Instrument calibration certificates Test data (manual and data acquisition) Field notes Calculations Conclusions Exhibit J-1
Performance Tests. Within one Business Day after any Borrower receives notice pursuant to any Major Project Document of the proposed conduct of Performance Tests for the Project or material portion thereof and promptly prior to the proposed conduct of any subsequent Performance Tests, written notice of such proposed Performance Tests.
Performance Tests. Provided the DB Project and all DB Project systems included therein are capable of safe and continuous operation in accordance with the Standard of Care, the Operating Manual, the Performance Guarantees, the Technical Requirements and the Contract Documents, subject to Concessionaire’s Approval, Contractor shall conduct the Performance Tests. At least sixty (60) days prior to the date Contractor wishes to commence a Performance Test, Contractor shall provide to Concessionaire, for Concessionaire’s Approval and approval of the Independent Engineer, complete test procedures developed in accordance with the Performance Testing and Commissioning Plan and Program. Thereafter, Contractor shall give Concessionaire, the Department and the Independent Engineer at least five (5) Business Days’ prior written notice of the date on which Contractor intends to commence each Performance Test. A Performance Test shall consist of the operation of the equipment and applicable systems included in the DB Work necessary for operation of the HOT Lanes in accordance with the Contract Documents and the Performance Testing and Commissioning Plan and Program. Concessionaire shall designate and make available qualified and authorized representatives to observe the Performance Tests and to monitor the taking of measurements to determine the level of achievement of the Performance Guarantees, all in accordance with the Contract Documents and the Performance Testing and Commissioning Plan and Program. The Department will be included in such Performance Tests for purposes of demonstrating effective information transfer across system interfaces, where applicable. Contractor shall not attempt to perform a Performance Test if any Commissioning, start-up or initial test procedures have not been completed as required prior to the Performance Test or any aspect of the DB Project has not been completed sufficiently to assure the safe and continuous operation of all or any part of the DB Project during the Performance Test in accordance with the Standard of Care, the Operating Manual, the Contract Documents and the Performance Testing and Commissioning Plan and Program.
