Project Performance Tests Clause Samples
The Project Performance Tests clause defines the procedures and standards for evaluating whether a project or its components meet specified performance criteria. Typically, this clause outlines the timing, methods, and responsibilities for conducting tests, as well as the metrics or benchmarks that must be achieved before the project is accepted. For example, it may require the contractor to demonstrate that a system operates at a certain efficiency level or within defined safety parameters. The core function of this clause is to ensure that the delivered project fulfills contractual requirements and to provide a clear basis for acceptance or rejection, thereby reducing disputes over project quality.
Project Performance Tests. (a) Seller and Buyer agree that this Article IX shall govern the performance of all Project Performance Tests under this Agreement and that all Project Performance Tests shall be performed in accordance with the requirements of this Agreement, including the Scope Book and the remainder of the Performance Standard.
(b) Without limiting the foregoing or the terms of the Scope Book, Seller shall be responsible for the performance of each Project Performance Test. Seller shall bear and be responsible for the timely payment of the costs to perform each Project Performance Test and prepare the Project Performance Test Report setting forth the Project Performance Test Results of each such Project Performance Test, including all costs of the Project Performance Test Contractor. The allocation of the proceeds received from MISO, and responsibility for the costs and charges assessed by ▇▇▇▇, resulting from or arising out each Project Performance Test, shall be as set forth in the MISO Agreement.
(i) For each Project Performance Test, Seller shall retain and require the Project Test Performance Contractor to conduct the Project Performance Test in accordance with the requirements of this Agreement, including the Scope Book and the Performance Standard applicable to Project Performance Tests. For the initial Project Performance Test, Seller shall
(A) notify Buyer at least fifteen (15) days, but no more than seventy (70) days, prior to commencing such Project Performance Test, (B) confirm in writing to Buyer the dates and times of such Project Performance Test no later than five (5) Business Days prior to commencing such Project Performance Test, and (C) follow the other processes, procedures, terms, and conditions with regard to such Project Performance Test set forth in this Agreement, including in this Article IX and the Scope Book. For any subsequent Project Performance Test (including following cancellation of a Project Performance Test), Seller shall (1) notify Buyer at least five (5) Business Days prior to commencing such Project Performance Test, and (2) follow the other processes, procedures, terms, and conditions with regard to such Project Performance Test set forth in this Agreement, including in this Article IX and the Scope Book (including Appendix 5 thereof). If Buyer objects to Seller’s proposed dates and times for any Project Performance Test, Buyer shall propose in good faith at least three (3) new dates and times for such Project Performance Test tha...