Seller’s Performance Tests Sample Clauses

Seller’s Performance Tests. In the event that (I) as a result of a Performance Test, the Monthly Contract Capacities are adjusted downward pursuant to Section 3.11(d)(ii)(A), or the Actual Tested Heat Rate at one hundred percent (100%) of Base Load exceeds the Guaranteed Heat Rate Point at one hundred percent (100%) of Base Load by more than four percent (4%), (II) upon the completion of Scheduled Maintenance, or (III) results of an Operational Limitations Test are outside the tolerance band specified in the Additional Test Procedures, Seller may request an additional Performance Test (“Seller’s Performance Test”) to be performed. A Seller’s Performance Test must commence no later than ten (10) Business Days after completion of the Performance Test showing the low test results, or the completion of the Scheduled Maintenance (which shall be performed in accordance with Section 3.8, as applicable), and shall be performed in accordance with the Test Procedures, except that (1) Seller shall provide Buyer with Notice of its request to test and the proposed starting and end times of the Seller’s Performance Test no later than three (3) Business Days before it commences; (2) Buyer shall evaluate Seller’s proposal and, in its sole discretion, either grant such request or identify two alternative start and stop times from which Seller may elect, and to which Buyer will consent; and
Sample 1
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Seller’s Performance Tests. Seller may request to perform an additional test (“Seller’s Performance Test”) (i) if, as a result of a Performance Test, the Monthly Contract Capability is adjusted downward pursuant to Section 3.2, (ii) upon the completion of Scheduled Maintenance, or (iii) if the results of a Buyer’s Performance Test are outside the standards specified in the Test Procedures. A Seller’s Performance Test shall commence no later than ten (10) Business Days after completion of the Buyer’s Performance Test showing the low test results, or the completion of the Scheduled Maintenance, and shall be performed in accordance with the Test Procedures, except that (A) Seller shall provide Buyer with Notice of its request to test and the proposed starting and end times of the Seller’s Performance Test no later than three (3) Business Days before it commences; (B) Buyer shall evaluate Seller’s proposal and, in its sole discretion, either grant such request or identify two alternative start and stop times from which Seller may elect, and to which Buyer will consent; and (C) if performance of the Seller’s Performance Test would require operation of the Project during hours other than when required by Scheduled Operations, Buyer shall schedule the Project with the CAISO (and such other Transmission Provider, if any, as applicable) accordingly. The Tested Duration Energy as determined through the Seller’s Performance Test will be used to determine the Monthly Contract Capability in the same manner as the Tested Duration Energy determined through a Buyer’s Performance Test.
Sample 1

Related to Seller’s Performance Tests

  • Acceptance/Performance Test 4.7.1 Prior to synchronization of the Power Project, the SPD shall be required to get the Project certified for the requisite acceptance/performance test as may be laid down by Central Electricity Authority or an agency identified by the central government to carry out testing and certification for the solar power projects.

  • Performance Testing 7.2.1 The Design-Builder shall direct and supervise the tests and, if necessary, the retests of the Plant using Design-Builder’s supervisory personnel and the Air Emissions Tester shall conduct the air emissions test, in each case, in accordance with the testing procedures set forth in Exhibit A (the “Performance Tests”), to demonstrate, at a minimum, compliance with the Performance Guarantee Criteria. Owner is responsible for obtaining Air Emissions Tester and for ensuring Air Emissions Tester’s timely performance. Design-Builder shall cooperate with the Air Emissions Tester to facilitate performance of all air emissions tests. Design-Builder shall not be held responsible for the actions of Owner’s employees and third parties involved in the Performance Testing, including but not limited to Air Emissions Tester.

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Contractor Performance Evaluations The Contract Administrator will evaluate Contractor’s performance as often as the Contract Administrator deems necessary throughout the term of the contract. This evaluation will be based on criteria including the quality of goods or services, the timeliness of performance, and adherence to applicable laws, including prevailing wage and living wage. City will provide Contractors who receive an unsatisfactory rating with a copy of the evaluation and an opportunity to respond. City may consider final evaluations, including Contractor’s response, in evaluating future proposals and bids for contract award.

  • CONTRACTOR PERFORMANCE Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office.

  • Annual Performance Review The Employee’s performance of his duties under this Agreement shall be reviewed by the Board of Directors or a committee of the Board of Directors at least annually and finalized within thirty (30) days of the receipt of the annual audited financial statements. The Board of Directors or a committee of the Board of Directors shall additionally review the base salary, bonus and benefits provided to the Employee under this Agreement and may, in their discretion, adjust the same, as outlined in Addendum B of this Agreement, provided, however, that Employee’s annual base salary shall not be less than the base salary set forth in Section 4(A) hereof.

  • CONTRACTOR’S PERFORMANCE 2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director’s opinion, Contractor is not interacting in a positive and polite manner with citizens, he or she shall direct Contractor to take all remedial steps to conform to these standards

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that:

  • Registry Performance Specifications Registry Performance Specifications for operation of the TLD will be as set forth in Specification 10 attached hereto (“Specification 10”). Registry Operator shall comply with such Performance Specifications and, for a period of at least one (1) year, shall keep technical and operational records sufficient to evidence compliance with such specifications for each calendar year during the Term.

  • Quarterly Contractor Performance Reporting Customers shall complete a Contractor Performance Survey (Exhibit I) for each Contractor on a Quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated in Contract Exhibit D, Section 17, Additional Special Contract Conditions. The completed Contractor Performance Survey(s) will be used by the Department as a performance-reporting tool to measure the performance of Contractors. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website).

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