Procedures on Noise Level Test Failure Sample Clauses

Procedures on Noise Level Test Failure. If the Wind Turbine selected for the Noise Level Test fails to meet the Noise Guaranty as determined in the Noise Level Test, Seller shall perform such adjustments or repairs to some or all of the Wind Turbines at the Project as are required to meet the Noise Guaranty within ninety (90) days after Seller has been notified by Owner that the tested Wind Turbine has failed to meet the Noise Level Test. No later than ninety (90) days following the completion of such ninety-day repair period, Owner shall, in accordance with Section 11.2.1, notify Seller of the date during such 90-day period on which it will cause a new Noise Level Test to be conducted, such additional Noise Level Test to be performed at Seller's sole cost and expense. Such testing and repair procedure shall be repeated until such time as the selected Wind Turbine meets the Noise Guaranty and no further adjustments are made to the Wind Turbines as a result of the failure to meet the Noise Level Test. Seller shall have the right to take its own data, to have copies of all data resulting from each Noise Level Test, and to verify the calculated Noise Level Test results.
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Related to Procedures on Noise Level Test Failure

  • Stability Testing Patheon may be requested to conduct stability testing on the Products in accordance with the protocols set out in the Specifications for the separate fees and during the time periods set out in Schedule C to a Product Agreement. Patheon will not make any changes to these testing protocols without prior written approval from Client. If a confirmed stability test failure occurs, Patheon will notify Client within one Business Day, after which Patheon and Client will jointly determine the proceedings and methods to be undertaken to investigate the cause of the failure, including which party will bear the cost of the investigation. Patheon will not be liable for these costs unless it has failed to perform the Manufacturing Services in accordance with the Specifications, cGMPs, and Applicable Laws. Patheon will give Client ail stability test data and results at Client’s request.

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  • Listing and Maintenance Requirements; DTC Eligibility As of the Closing Date, the Common Stock is registered pursuant to Section 12(b) of the Exchange Act, and the Company has taken no action designed to, or which to its Knowledge is likely to have the effect of, terminating the registration of the Common Stock under the Exchange Act, nor has the Company received any notification that the Commission is contemplating terminating such registration. As of the Closing Date, the Company has not received notice from the Trading Market or any Eligible Market on which the Common Stock is or has been listed or quoted to the effect that the Company is not in compliance with the listing or maintenance requirements of such Trading Market or Eligible Market, as applicable. As of the Closing Date, the Company is in compliance with all such listing and maintenance requirements. The Common Stock is eligible for participation in the DTC book entry system and has shares on deposit at DTC for transfer electronically to third parties via DTC through its Deposit/Withdrawal at Custodian (“DWAC”) delivery system. The Company has not received notice from DTC to the effect that a suspension of, or restriction on, accepting additional deposits of the Common Stock, electronic trading or book-entry services by DTC with respect to the Common Stock is being imposed or is contemplated.

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  • Asset Review Process Limitations The Asset Representations Reviewer will have no obligation:

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