Test Performance Clause Samples
The Test Performance clause defines the requirements and procedures for evaluating whether a product, service, or system meets specified standards or criteria. Typically, it outlines the methods, timing, and responsibilities for conducting tests, as well as the metrics or benchmarks that must be achieved. For example, it may require the supplier to demonstrate that equipment functions correctly under certain conditions before acceptance. This clause ensures that deliverables are properly vetted for quality and functionality, reducing the risk of defects and disputes after delivery.
Test Performance. Life Technologies shall have the responsibility, subject to its capacity to support in its reasonable discretion (of which capacity Life Technologies shall notify Biocept in writing at least sixty (60) days before launch of the Assay, and use diligent efforts to notify Biocept at least thirty (30) days before discovery of any decreases or increases in such capacity), for performing the Professional Component of the Assays sold by either party in the Territory. In particular, the laboratory director of the Life Technologies CLIA laboratory will be responsible for issuing and signing off on the report.
Test Performance. Clarient shall have responsibility for performing, or having performed on its behalf, all Professional Components of the Diagnostic Tests sold by either party, or by any Third Party in accordance with Section 2.3(a).
Test Performance. Biocept shall be responsible for performing all Technical Components of all Diagnostic Tests sold by either party, or by any Third Party in accordance with Section 2.3(a).
Test Performance. Each Test will be conducted consistent with Accepted Electrical Practices, Contract Conditions, Applicable Law, manufacturer recommendations, and the provisions of published test procedures developed by the Electric Power Research Institute (EPRI) Energy Storage Integration Council (ESIC) (or equivalent test procedures accepted as an Industry Standard for lithium ion battery energy storage systems) . At all times during a Test, the Project shall not be operated with abnormal operating conditions such as unstable load conditions. If conditions occur during a Test that are contrary to any of the foregoing, Buyer may postpone or reschedule all or part of such Test in its reasonable discretion, in which case such Test shall be deemed an Incomplete Test.
Test Performance. Test performance will be subject to the following rules:
a) The Head of Evidence will conduct and monitor the tests and report on test conditions. He/she will also be responsible for all measurements, computation of results and final report preparation. His/her decision will be decisive regarding any issue concerning the test or its performance. The tests shall be conducted in accordance with the COES procedures and instructions. Testing of the optical fiber system shall follow the technical specifications set forth in Annex No. 5, Telecommunications, of this Agreement.
b) The Concessionaire shall provide all reasonable facilities to the Inspector to obtain actual, complete and acceptable data regarding all parts of the equipment related to the transmission of electrical energy in the Project. In addition, the Inspector must have physical access to all components, related to electromechanical equipment in the Project.
c) The main Project components will be inspected, at Inspector request, before the beginning of the test.
d) At the end of each test and within acceptance levels, a test record will be drafted, which ends the process. Each record shall contain: (i) the list of personnel of the Parties, the OSINERGMIN representatives, and the inspector who participated in the tests; (ii) the protocol of tests carried out with their results; also, of tests not carried out with the corresponding waiver; And, iv) other information that the Concessionaire, OSINERGMIN and/or the Inspector deem pertinent.
e) In case the Inspector and/or OSINERGMIN consider that the result is not satisfactory, as established in the test reports, the Concessionaire will proceed to make the corresponding correction. The new test will be done only at the point or at the points that were not satisfactory. The Grantor and/or OSINERGMIN may not request new tests or inspections, or observe or reject their results, in case their representatives have not attended such tests or inspections. Once the tests have been completed, the Head of Evidence will send the pertinent minutes to the COES, duly approved by the Inspector, so that the Inspector will proceed to start the commissioning program for each Project component.
f) Upon completion of all tests, the Head of Evidence will prepare and submit a final report to the Inspector, OSINERGMIN and the Grantor, with details on calculation and presentation of results. The Inspector must approve the final report within a maximum period of Ten (10) Days...
Test Performance. 4.5.1 All test and procedures must comply and be approved/cleared by the FDA.
Test Performance. The test frame and its attachments prescribed in paragraphs 2.1., 2.2., 2.3.1.,2.3.3., 2.4., 2.6. and 2.7. shall be attached securely to a test sled which shall be decelerated from an initial velocity to standstill such that the sled and its attached frame is subjected to deceleration falling within the bounds of the corridor specified graphically in Appendix 1 to Annex 3.
Test Performance. Test performance will be subject to the following rules:
a) The Head of Evidence will conduct and monitor the tests and report on test conditions. He/she will also be responsible for all measurements, computation of results and final report preparation. His/her decision will be decisive regarding any issue concerning the test or its performance. The tests shall be conducted in accordance with the COES procedures and instructions. Testing of the optical fiber system shall follow the technical specifications set forth in Annex No. 5, Telecommunications, of this Agreement.
b) The Concessionaire shall provide all reasonable facilities to the Inspector to obtain actual, complete and acceptable data regarding all parts of the equipment related to the transmission of electrical energy in the Project. In addition, the Inspector must have physical access to all components, related to electromechanical equipment in the Project.
c) The main Project components will be inspected, at Inspector request, before the beginning of the tests.
d) At the end of each test and within acceptance levels, a test record will be drafted, which ends the process. Each record shall contain: (i) the list of personnel of the Parties, the OSINERGMIN representatives, and the inspector who participated in the tests; (ii) the protocol of tests carried out with their results; also, of tests not carried out with the corresponding waiver; And, iv) other information that the Concessionaire, OSINERGMIN and/or the Inspector deem pertinent.
Test Performance. 15.1. HVG FABRICS PTY LTD does not guarantee the performance limits stated in any quotation, tender or Agreement unless such limits are expressly guaranteed by HVG FABRICS PTY LTD in writing.
15.2. HVG FABRICS PTY LTD will use all reasonable efforts to supply Goods having a material grade consistent with any material grade specified in any relevant quotation, tender or Agreement.
15.3. Where HVG FABRICS PTY LTD supplies Goods not manufactured by it, the Goods are subject to the chemical, mechanical and physical properties of the Goods as supplied by the original manufacturer. To the extent permitted by law HVG FABRICS PTY LTD does not offer any warranty over such Goods, except that, where the Goods are subject to the warranty of the original manufacturer, HVG FABRICS PTY LTD will endeavour to pass on the benefit of such warranty to the Purchaser.