TESTING AND VERIFICATION. [PG&E Note to Sellers: Delete this Section 5.1
TESTING AND VERIFICATION. Performance Testing. All performance tests of the Project, including Initial Performance Test and any additional procedures and protocols related to Performance Testing as agreed between Buyer and Seller required in Appendix V (“Test Procedures”), will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. After the Initial Delivery Date and during the Delivery Term, Xxxxx will have the right to conduct, at Seller’s sole expense, one (1) Performance Test (“Buyer Performance Test”) each calendar year to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Seller will have a right to retest the Project with a Performance Test once each calendar year after a Buyer Performance Test (“Seller Retest”). If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is capable of delivering Distribution Services at or above 100% of the Contract Capacity, the Contract Capacity will remain the Contract Capacity; If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is not capable of delivering Distribution Services at 100% or more of the Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(vii).
TESTING AND VERIFICATION. 7.1 The Principal may analyse and conduct such tests in relation to the Source Code as the Principal considers reasonably necessary, to verify that the Source Code deposited pursuant to this Agreement accords with the description of the Source Code in this Agreement or as represented by the Supplier.
TESTING AND VERIFICATION. 7.1 The Customer may, in the presence of and under the supervision of the Contractor, analyse and conduct tests in relation to the source code and supporting material to verify that the source code and supporting material consists of the material specified in Attachment 2 and Attachment 3 of this Escrow Agreement.
TESTING AND VERIFICATION. Performance Testing. All performance tests of the Project, including any Initial Performance Test and any additional procedures and protocols related to Performance Testing as agreed between Buyer and Seller required in Appendix VIII (“Test Procedures”), will be performed in accordance with the test procedures set forth in Appendix VIII (“Performance Test”). Seller shall bear all costs and receive all revenues, if applicable, associated with all Performance Tests. Within 30 calendar days following a Buyer Performance Test, Seller will have the right to retest the Project (“Seller Retest”). For the avoidance of doubt, the results of any Seller Retest will supersede the results of the preceding Buyer Performance Test. After the Initial Delivery Date and during the Delivery Term, Buyer will have the right to conduct, at Seller’s sole expense, one (1) Performance Test (“Buyer Performance Test”) each calendar month during the Delivery Period to demonstrate whether the Project is capable of delivering the Distribution Services at the Contract Capacity. Within 30 calendar days following a Buyer Performance Test, Seller will have a right to retest the Project with a Performance Test once each calendar month after a Buyer Performance Test (“Seller Retest”). If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is capable of delivering Distribution Services at or above 100% of the Contract Capacity, the Contract Capacity will remain the Contract Capacity; If a Buyer Performance Test or Seller Retest, if applicable, demonstrates the Project is not capable of delivering Distribution Services at 100% or more of the Contract Capacity, an Event of Default shall occur in accordance with Section 7.1(a)(vii).
TESTING AND VERIFICATION. 7.1 State and Operator may test Escrow Materials Either the State or the Operator (each a Relevant Testing Party) or an independent assessor acting on behalf of the Relevant Testing Party (Inspector) may, on giving 7 days' notice to the Subcontractor and the Escrow Agent, analyse and conduct tests in relation to the Escrow Materials to verify that the Escrow Materials have been deposited and maintained in accordance with the requirements of this agreement. The Inspector must permit the Subcontractor to be present for this verification if the Subcontractor wishes.
TESTING AND VERIFICATION. As part of the Engineering Services, TiVo shall test the US Falcon Product to verify that it properly runs the TiVo Client Software and is TiVo-Enabled. Sony Electronics shall not ship, and shall not authorize shipment of, any US Falcon Products prior to receipt of such written verification from TiVo.
TESTING AND VERIFICATION. 12 5.1. Performance Testing. 12 5.2. Measurement and Verification. 13
TESTING AND VERIFICATION. (a) The Company will attend with the Trading Standards Officer or arrange attendance of the Company Verification Officer whenever verification or reverification of the Equipment is necessary, the Customer paying only the Officer’s fees and expenses and any charge for the transport and use of the Officer’s test weights and/or equipment. For this purpose the Customer will allow the Company’s free use of all appropriate test weights or the Company will loan, free of charge test weights (subject to availability and suitability), the Customer paying the cost of transport for collection and return of such weights.
TESTING AND VERIFICATION. The Customer may, in the presence of and under the supervision of the Supplier, analyse and conduct tests in relation to the Escrow Materials to verify that the Supplier has complied with its obligations under this Escrow Agreement. The Customer may engage an independent assessor to undertake analysis and tests of the Escrow Materials for verification purposes, on its behalf. The Escrow Agent must release the Escrow Materials to the independent party upon presentation of a release form signed by the Customer and the Supplier specifying the material to be released and identifying the person to whom that material may be released. The Escrow Materials released pursuant to clause 8.3. of this Escrow Agreement must be returned to the Escrow Agent or its employees or agents and the Customer must ensure that the confidentiality of the Escrow Materials so released is preserved and that the Escrow Materials are not used for any purpose other than verifying that the Supplier has complied with its obligations under this Escrow Agreement. All costs that Escrow Agent incurs in assisting the assessment under this clause 8. will be borne by the Customer, and must be paid within 30 days of receipt of a correctly rendered tax invoice from the Escrow Agent.
