Phase Two NUCON Testing Clause Samples

Phase Two NUCON Testing a. Phase One of NUCON testing has been completed, and DOE and WRPS have determined to proceed with Phase Two testing. DOE and WRPS will complete the second phase of NUCON testing (i.e., parameterizing of variables, such as the chemicals at issue, feed concentrations and flow rate) by December 31, 2018. 2 Ecology is authorized by the United States Environmental Protection Agency to implement the Hazardous Waste Management Act (“HWMA”), RCW 70.105, in lieu of RCRA. b. The Phase Two testing results for the existing NUCON system (in NUCON’s current technology and scale, with input concentrations reflective of tank headspace conditions) will report on whether the system met the following performance standards at the point of emission from the unit or platform: (1) for select Volatile Organic Compounds in aggregate, (a) 95% destruction as measured by commercial PIDs (i.e., photo-ionization detectors), and (b) a collective concentration not greater than 500 parts per million (“ppm”); and (2) 10% of Occupational Exposure Limits (“OELs”) for an appropriate subset of select Contaminants of Potential Concern (“COPCs”). The COPCs that are included in the appropriate subset of select COPCs were determined in connection with development of the Phase Two test plan, with input from the NUCON QTP on the plan and the appropriate subset of select COPCs. For the appropriate subset of select COPCs, it will be assumed that the “10% of the OEL” criterion is met if the detection limit is below 10% of the OEL and the results are below the detection limit. Defendants agree to include and use these performance standards in this context solely for purposes of compromise in order to reach this negotiated Agreement, and such inclusion and use does not mean that Defendants agree or concede that the performance standards are appropriate criteria to evaluate worker safety; Defendants maintain that using concentrations at a source rather than in worker breathing zones is inappropriate for evaluating worker safety. c. By March 31, 2019, DOE and WRPS will post on a publicly available website the results of the Phase Two testing and will notify Plaintiffs of the posting.
View Source

Related to Phase Two NUCON Testing

  • Drug Testing (A) The state and the PBA agree to drug testing of employees in accordance with section 112.0455, F.S., the Drug-Free Workplace Act. (B) All classes covered by this Agreement are designated special risk classes for drug testing purposes. Special risk means employees who are required as a condition of employment to be certified under Chapter 633 or Chapter 943, F.S. (C) An employee shall have the right to grieve any disciplinary action taken under section 112.0455, the Drug-Free Workplace Act, subject to the limitations on the grievability of disciplinary actions in Article 10. If an employee is not disciplined but is denied a demotion, reassignment, or promotion as a result of a positive confirmed drug test, the employee shall have the right to grieve such action in accordance with Article 6.

  • Inspection/Testing In order to assess Supplier’s work quality and/or compliance with this Order, upon reasonable notice by Buyer: (a) all goods, materials and services related to the items purchased hereunder, including, raw materials, components, assemblies, work in process, tools and end products shall be subject to inspection and testing by Buyer, its customer, representative or regulatory authorities at all places, including sites where the goods are made or located or the services are performed, whether at Supplier’s premises or elsewhere; and (b) all of Supplier’s facilities, books and records relating to this Order shall be subject to inspection by Buyer or its designee. If specific Buyer and/or Buyer’s customer tests, inspection and/or witness points are included in this Order, the goods shall not be shipped without an inspector’s release or a written waiver of test/inspection/witness with respect to each such point; however, Buyer shall not be permitted to unreasonably delay shipment; and Supplier shall notify Buyer in writing at least twenty (20) days prior to each of Supplier’s scheduled final and, if applicable, intermediate test/inspection/witness points. Supplier agrees to cooperate with such/audit inspection including, completing and returning questionnaires and making available its knowledgeable representatives. Buyer’s failure to inspect or test goods, materials or services or Buyer’s failure to reject or detect defects by inspection or testing shall not relieve Supplier from its warranty obligations or any of its other obligations or responsibilities under this Order. Supplier agrees to provide small business as well as minority and/or women owned business utilization and demographic data upon request.

  • Laboratory Testing All laboratories selected by UPS Freight for analyzing Controlled Substances Testing will be HHS certified.

  • 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. (b) After the Initial Delivery Date and during the Delivery Term, Buyer will have the right to conduct a Performance Test (“Buyer Performance Test”) no more than once a calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Within 30 calendar days following a Buyer Performance Test, Seller will have the right to retest the Project with a Performance Test (“Seller Retest”). For the avoidance of doubt, the results of any Seller Retest will supersede the results of the preceding Buyer Performance Test. (i) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at or above ninety-nine percent (99%) of the Initial Contract Capacity, the Contract Capacity will remain the Initial Contract Capacity; (ii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is capable of delivering Distribution Services at more than or equal to eighty-five (85%) of the Initial Contract Capacity, but less than ninety-nine percent (99%) of the Initial Contract Capacity (“Testing Band”), the Contract Capacity will be automatically adjusted (upwards or downwards) to the capacity commensurate with the amount of Distribution Services the Project delivered during the Performance Test within the Testing Band. (iii) If a Buyer Performance Test or, if a corresponding Seller Retest has occurred, a Seller Retest demonstrates the Project is not capable of delivering Distribution Services of at least eighty-five percent (85%) of the Initial Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(viii).

  • Acceptance Testing At the time of installation of a LIS trunk group, and at no additional charge, acceptance tests will be performed to ensure that the service is operational and meets the applicable technical parameters.