Procedures on Sound Level Test Failure Sample Clauses

Procedures on Sound Level Test Failure. Should a Sound Level Test Turbine fail to achieve the Sound Level Performance Standard through no fault of Buyer, Supplier shall, (i) make all commercially reasonable efforts to repair or modify the Wind Turbine in order to meet the Sound Level Performance Standard or obtain, on behalf of Buyer, a full and final release, or other final settlement with the Governmental Authority or third party claiming to be affected by such Sound Level Test Turbine’s failure to meet the Sound Level Performance Standard; and (ii) reimburse Buyer for the costs of performing the Sound Level Test within thirty (30) days of Supplier’s receipt of the results of such Sound Level Test. Following the completion of such repairs or modifications, Supplier shall provide Buyer with written notice that the Sound Level Test Turbine is ready for a new Sound Level Test. Within thirty (30) days of Buyer’s receipt of such notice, Buyer shall conduct a new Sound Level Test to be performed at Supplier's sole expense. Buyer shall notify Supplier in writing fourteen (14) days in advance of the commencement of such Sound Level Test, and Supplier shall have the right to be present at such Sound Level Test. The testing and repair or modification procedure described in this Section 3.2 shall be repeated until such time as the Sound Level Test Turbine achieves the Sound Level Performance Standard, provided, however, that if the Sound Level Test Turbine has failed to achieve the Sound Level Performance Standard by the end of the Term, through no fault of Buyer, then the following remedies shall apply.
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