Testing and Correction Sample Clauses

The Testing and Correction clause establishes the procedures for verifying that goods, services, or deliverables meet specified requirements and outlines the steps to address any deficiencies found during testing. Typically, this clause allows the receiving party to inspect or test the deliverables within a set timeframe and requires the provider to correct any defects or non-conformities identified. Its core practical function is to ensure quality control and provide a clear mechanism for rectifying issues, thereby protecting the interests of the party receiving the deliverables.
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Testing and Correction. (a) Upon Buyer’s reasonable request, but in no event more than once every twelve (12) months, Seller shall inspect and test the Metering Device for accuracy. Each Party and its consultants and Representatives shall have the right to witness each test of the Metering Device to verify the accuracy of its measurements and recordings. Seller shall provide at least ten
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Testing and Correction. The accuracy of Buyer's meter(s) shall be tested and verified by Buyer annually. Buyer shall have the right, at its own expense, to test and verify the Seller's meter(s) upon reasonable notice, provided such testing shall not exceed one test during a Calendar Year, or more frequently if there is just cause. If Seller has installed check meters in accordance with Section 8.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters. (a) If either Party disputes a meter's accuracy or condition, it shall so advise the meter's owner in writing. The meter's owner shall, within fifteen (15) days after receiving such notice, advise the other Party in writing as to its position concerning the meter's accuracy and reasons for taking such position. If the Parties are unable to resolve their disagreement through reasonable negotiations, either Party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the Parties to test the meter. (b) Should the meter be found to be registering within a one-percent variance, the Party contesting the meter's accuracy shall bear the cost of inspection; otherwise, the cost shall be borne by the meter's owner. Any repair or replacement of such a meter found to be operating beyond permitted one-percent variance shall be made at the expense of the owner of that meter as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter is found to be in error by an amount greater than a one-percent variance, such meter shall be replaced promptly, any previous recordings by such meter shall be adjusted in accordance with Section 8.2, any prior payments made for Net Energy and/or invoices for payments not yet made shall be adjusted to reflect the corrected measurements determined pursuant to Section 8.2. If the difference of the payments actually made by Buyer minus the payment based upon the corrected measurements is a positive number, Seller shall pay the difference to Buyer; if the difference is a negative number, Buyer shall pay the difference to Seller. In either case, the Party paying such difference shall also pay interest as described in Section 9.1(d) for late payments and such payment (including such interest) shall be made within ten (10) days of receipt of a corrected billing statement.
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Testing and Correction. Either Party may request a test of the Metering Device to verify the accuracy of its measurements and recordings (the “Requesting Party”) by providing the other Party with written notice describing with specificity their reasons for making such request. Within ten (10) Business Days after receiving such notice from Buyer or providing such notice to Buyer, Seller shall have Metering Device tested by a third-party mutually agreed upon by the Parties to verify the accuracy of its measurements and recordings. Each Party and its Representatives shall have the right to witness any Metering Device test. If such test finds the Metering Device to be inaccurate by not more than two percent (2%), any previous recordings of the Metering Device shall be deemed accurate, and the Requesting Party shall bear the cost of inspection and testing of the Metering Device. If such test finds the Metering Device to be inaccurate by more than two percent (2%) or finds the Metering Device is out of service or fails to register, then: (i) Seller shall promptly repair Metering Device to correct any inaccuracies or replace Metering Device; and and (ii) Seller shall bear the cost of inspection and testing of the Metering Device; (iii) future Seller invoices and Buyer payments shall reflect the Adjusted Energy Output; and (iv) if Buyer has paid Seller for any Energy Output during the period beginning with the delivery of Requesting Party’s notice and ending with the repair or replacement of the Metering Device pursuant to Section 7.2(i) (the “Meter Malfunction Period”) then the amount of such Energy Output (the “Meter Malfunction Output”) shall be compared to the Adjusted Energy Output. To the extent the Meter Malfunction Output exceeds the Adjusted Energy Output Seller shall promptly issue Buyer a credit in the amount of such excess multiplied by the prevailing Energy Payment Rate. To the extent the Adjusted Energy Output exceeds the Meter Malfunction Output Buyer shall promptly pay Seller an amount of such excess multiplied by the prevailing Energy Payment Rate.
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Testing and Correction. Project Company shall keep its Meter accurate and in repair, by making monthly tests. Project Company agrees to give Steam Purchaser sufficient notice of the time of such tests of the Meters so that Steam Purchaser may have a representative present. In the event Project Company’s Meter is found to be inaccurate, such Meter will be adjusted to register accurately. In the event either Party desires a special test of such Meter, the Parties shall cooperate to secure prompt verification of the accuracy of such Meter. Each Party agrees to give the other Party sufficient advance notice of the time of all such special tests so that the other Party may have a representative present. If, upon any test, the percentage of inaccuracy of the Meter is found to be in excess of one percent (1%), measuring and billing shall be corrected as described in Section 6.2. However, in the event the Meter is found to be accurate within the tolerances indicated in the foregoing sentence, the Party requesting the special testing of such Meter shall bear the cost of such testing.
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Testing and Correction. The accuracy of QF’s meter(s) shall be tested and verified by QF annually. MEC and QF shall each have the right, at its own expense, to test and verify the other’s meter(s) upon reasonable notice, provided such testing shall not exceed one test during a Contract Year, or more frequently if there is just cause. If MEC has installed check meters in accordance with Section
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Testing and Correction. Seller shall use commercially reasonable efforts under the Project PPA to cause the Project Owner or the Transmission Provider to test and verify the accuracy of Project Owner’s Meters at least annually and at Project Owner’s expense. Each Meter shall be accurate within a one-half percent (0.5%) variance. The steps set forth in Paragraph 2 of Exhibit F shall be taken to resolve disputes regarding the accuracy of the Project Owner’s Meters.
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Testing and Correction 
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Related to Testing and Correction

  • Monitoring and Compliance Every year during the term of this Agreement on the anniversary date of the effective date of the Agreement, the Restaurant shall provide to the United States a narrative report of the actions taken during the reporting period to remove any barriers to access and otherwise enhance accessibility for individuals with disabilities at the Restaurant and any plans for action concerning ADA compliance in the coming year. The report shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Restaurant was not being operated in compliance with the ADA or otherwise discriminated against any person on account of disability. The Owner and Operator of the Restaurant shall cooperate in good faith with any and all reasonable requests by the United States for access to the Restaurant and for information and documents concerning the Restaurant's compliance with this Agreement and the ADA. The United States shall have the right to verify compliance with this Agreement and the ADA, both as set forth in this Agreement and through any means available to the general public, including visits to the public areas of the Restaurant and communications with Restaurant staff. The United States shall have the right to inspect the facility at any time, and counsel for the United States need not identify themselves in the course of visits to the public areas.

  • Testing Landlord shall have the right to conduct annual tests of the Premises to determine whether any contamination of the Premises or the Project has occurred as a result of Tenant’s use. Tenant shall be required to pay the cost of such annual test of the Premises; provided, however, that if Tenant conducts its own tests of the Premises using third party contractors and test procedures acceptable to Landlord which tests are certified to Landlord, Landlord shall accept such tests in lieu of the annual tests to be paid for by Tenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Premises by Tenant or any Tenant Party. If contamination has occurred for which Tenant is liable under this Section 30, Tenant shall pay all costs to conduct such tests. If no such contamination is found, Landlord shall pay the costs of such tests (which shall not constitute an Operating Expense). Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with all Environmental Requirements. Landlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Landlord may have against Tenant.

  • Quality Assurance Requirements There are no special Quality Assurance requirements under this Agreement.