Common use of Startup and Testing Clause in Contracts

Startup and Testing. Prior to the Commercial Operation Date, and as a condition precedent to the achievement of the Commercial Operation Date, and during normal working hours and subject to Seller’s or its subcontractor’s reasonable requirements and procedures in respect of confidentiality (subject to the provisions set forth in Section 15.20) and safety, Buyer shall have the right to: (1) review and monitor the contractors’ performance and achievement of all initial performance tests and all other tests required under the Facility construction contracts that must be performed in order to achieve completion, with respect to which Seller shall provide to Buyer a schedule for the performance of such tests at least two (2) Business Days before such tests are scheduled to begin; and (2) be present to witness such initial performance tests and review the results thereof; and (3) upon notice to Seller, perform such detailed examinations, inspections, quality surveillance and tests as, in the judgment of Buyer, are appropriate and advisable to determine that the Facility equipment and all ancillary components of the Facility have been installed in accordance with this Agreement and the Facility construction contracts, all applicable standards, Prudent Utility Practices, Requirements of Law, the Quality Assurance Program and the Milestones, provided that such examinations, inspections, quality surveillance and tests shall not interfere with the operations of the Facility or Seller’s or its subcontractors’ work.

Startup and Testing. Prior to each of the (i) Partial Commercial Operation Date and (ii) Full Commercial Operation Date, and as a condition precedent to the achievement of the Commercial Operation Date, and during normal reasonable working hours and subject to Seller’s or its subcontractor’s contractors’ or subcontractors’ reasonable requirements and procedures in respect of confidentiality (subject to the provisions set forth in Section 15.20) and safety, Seller shall provide Buyer shall have the right with notice and a reasonable opportunity to: (1i) review and monitor the contractors’ performance and achievement of all initial performance tests and all other tests required under the Facility construction contracts that must be performed in order to achieve completionany Milestone, as applicable, and the result of such tests, with respect to which Seller shall provide to Buyer a schedule for the performance of such tests at least two ten (210) Business Days before such tests are scheduled to begin; and; (2ii) be present to witness such initial performance tests and review the results thereof; and (3iii) upon notice to Seller, perform such detailed examinations, inspections, quality surveillance and tests as, in the judgment of Buyer, are appropriate and advisable to determine that the Facility equipment and all ancillary components of the Facility have been installed in accordance with this Agreement and the Facility construction contracts, all applicable standards, Prudent Utility Practices, Requirements of Law, the Quality Assurance Program and the Milestones, Requirements; provided that such examinations, inspections, quality surveillance and tests shall not interfere with the operations of the Facility or Seller’s or its contractors’ or subcontractors’ work.