Common use of Test Plan Clause in Contracts

Test Plan. No less than sixty (60) days prior to the Initial Delivery Date, Seller shall prepare and submit to Buyer a proposed procedure and schedule in order to complete the Commercial Operation Test (“Seller’s Proposed Test Plan”). Such Seller’s Proposed Test Plan must describe, with supporting detail, the actions, processes, protocols, and schedules to comply with all of the requirements of each individual test as set forth in this Appendix. Within ten (10) Business Days after Buyer’s receipt of Seller’s Proposed Test Plan, Buyer shall notify Seller that (i) the Seller’s Proposed Test Plan is accepted, and is now considered the Final Test Plan, or (ii) the Seller’s Proposed Test Plan is not accepted. If Buyer does not accept Seller’s Proposed Test Plan, then Buyer and Seller shall immediately commence work in good faith to finalize such Test procedures and schedules (“Final Test Plan”). If, after thirty (30) days from Buyer’s receipt of Seller’s Proposed Test Plan, Seller and Buyer have not agreed on a Final Test Plan, Buyer shall provide Seller with the Final Test Plan within seven (7) Business Days after the expiration of the thirty (30) day period. Failure by Buyer to provide Seller with written acceptance of any Seller’s Proposed Test Plan shall not constitute acceptance of such Seller’s Proposed Test Plan.

Appears in 2 contracts

Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement

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Test Plan. No less than sixty (60) days prior to the Expected Initial Delivery Date, Seller shall prepare and submit to Buyer SCE a proposed procedure and schedule in order to complete the Commercial Operation Test ICOT (“Seller’s Proposed Test Plan”). Such Seller’s Proposed Test Plan must describe, with supporting detail, the actions, processes, protocols, and schedules to comply with all of the requirements in PART II. of each individual test as set forth in this Appendix. Within ten (10) Business Days after BuyerSCE’s receipt of Seller’s Proposed Test Plan, Buyer SCE shall notify Seller that (i) the Seller’s Proposed Test Plan is accepted, and is now considered the Final Test Plan, or (ii) the Seller’s Proposed Test Plan is not accepted. If Buyer SCE does not accept Seller’s Proposed Test Plan, then Buyer SCE and Seller shall immediately commence work in good faith to finalize such Test procedures and schedules (“develop the Final Test Plan”). If, after thirty (30) days from BuyerSCE’s receipt of Seller’s Proposed Test Plan, Seller and Buyer SCE have not agreed on a Final Test Plan, Buyer SCE shall provide Seller with the Final Test Plan within seven (7) Business Days after the expiration of the thirty (30) day period. Failure by Buyer SCE to provide Seller with written acceptance of any Seller’s Proposed Test Plan shall not constitute acceptance of such Seller’s Proposed Test Plan.

Appears in 2 contracts

Samples: Resource Adequacy Purchase Agreement, Resource Adequacy Purchase Agreement

Test Plan. No less than sixty (60) days prior to the Initial Delivery Date, Seller shall prepare and submit to Buyer a proposed procedure and schedule in order to complete the Commercial Operation Test (“Seller’s Proposed Test Plan”). Such Seller’s Proposed Test Plan must describe, with supporting detail, the actions, processes, protocols, and schedules to comply with all of the requirements in PART II of each individual test as set forth in this Appendix. Within ten (10) Business Days after BuyerXxxxx’s receipt of Seller’s Proposed Test Plan, Buyer shall notify Seller that (i) the Seller’s Proposed Test Plan is accepted, and is now considered the Final Test Plan, or (ii) the Seller’s Proposed Test Plan is not accepted. If Buyer Xxxxx does not accept SellerXxxxxx’s Proposed Test Plan, then Buyer BUYER and Seller shall immediately commence work in good faith to finalize such Test procedures and schedules (“develop the Final Test Plan”). If, after thirty (30) days from BuyerBUYER’s receipt of Seller’s Proposed Test Plan, Seller and Buyer BUYER have not agreed on a Final Test Plan, Buyer BUYER shall provide Seller with the Final Test Plan within seven (7) Business Days after the expiration of the thirty (30) day period. Failure by Buyer BUYER to provide Seller with written acceptance of any Seller’s Proposed Test Plan shall not constitute acceptance of such Seller’s Proposed Test Plan.

Appears in 1 contract

Samples: Energy Storage System Power Purchase Tolling Agreement

Test Plan. No less than sixty (60) days prior to the Expected Initial Delivery Date, Seller shall prepare and submit to Buyer SCE a proposed procedure and schedule in order to complete the Commercial Operation Test ICOT (“Seller’s Proposed Test Plan”). Such Seller’s Proposed Test Plan must describe, with supporting detail, the actions, processes, protocols, and schedules to comply with all of the requirements in PART II. of each individual test as set forth in this Appendix. Within ten (10) Business Days after BuyerSCE’s receipt of Seller’s Proposed Test Plan, Buyer SCE shall notify Seller that (i) the Seller’s Proposed Test Plan is accepted, and is now considered the Final Test Plan, or (ii) the Seller’s Proposed Test Plan is not accepted. If Buyer SCE does not accept SellerXxxxxx’s Proposed Test Plan, then Buyer SCE and Seller shall immediately commence work in good faith to finalize such Test procedures and schedules (“develop the Final Test Plan”). If, after thirty (30) days from BuyerSCE’s receipt of Seller’s Proposed Test Plan, Seller and Buyer SCE have not agreed on a Final Test Plan, Buyer SCE shall provide Seller with the Final Test Plan within seven (7) Business Days after the expiration of the thirty (30) day period. Failure by Buyer SCE to provide Seller with written acceptance of any Seller’s Proposed Test Plan shall not constitute acceptance of such Seller’s Proposed Test Plan.

Appears in 1 contract

Samples: Resource Adequacy Purchase Agreement

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Test Plan. No less than sixty (60) days prior to the Initial Delivery Date, Seller shall prepare and submit to Buyer a proposed procedure and schedule in order to complete the Commercial Operation Test (“Seller’s Proposed Test Plan”). Such Seller’s Proposed Test Plan must describe, with supporting detail, the actions, processes, protocols, and schedules to comply with all of the requirements of each individual test as set forth in this Appendix. Within ten (10) Business Days after BuyerXxxxx’s receipt of Seller’s Proposed Test Plan, Buyer shall notify Seller that (i) the Seller’s Proposed Test Plan is accepted, and is now considered the Final Test Plan, or (ii) the Seller’s Proposed Test Plan is not accepted. If Buyer does not accept Seller’s Proposed Test Plan, then Buyer and Seller shall immediately commence work in good faith to finalize such Test procedures and schedules (“Final Test Plan”). If, after thirty (30) days from BuyerXxxxx’s receipt of Seller’s Proposed Test Plan, Seller and Buyer have not agreed on a Final Test Plan, Buyer shall provide Seller with the Final Test Plan within seven (7) Business Days after the expiration of the thirty (30) day period. Failure by Buyer to provide Seller with written acceptance of any Seller’s Proposed Test Plan shall not constitute acceptance of such Seller’s Proposed Test Plan.

Appears in 1 contract

Samples: Energy Storage Power Purchase Agreement

Test Plan. No less than sixty (60) days prior to the Initial Delivery Date, Seller shall prepare and submit to Buyer a proposed procedure and schedule in order to complete the Commercial Operation Test (“Seller’s Proposed Test Plan”). Such Seller’s Proposed Test Plan must describe, with supporting detail, the actions, processes, protocols, and schedules to comply with all of the requirements in PART II of each individual test as set forth in this Appendix. Within ten (10) Business Days after Buyer’s receipt of Seller’s Proposed Test Plan, Buyer shall notify Seller that (i) the Seller’s Proposed Test Plan is accepted, and is now considered the Final Test Plan, or (ii) the Seller’s Proposed Test Plan is not accepted. If Buyer does not accept Seller’s Proposed Test Plan, then Buyer BUYER and Seller shall immediately commence work in good faith to finalize such Test procedures and schedules (“develop the Final Test Plan”). If, after thirty (30) days from BuyerBUYER’s receipt of Seller’s Proposed Test Plan, Seller and Buyer BUYER have not agreed on a Final Test Plan, Buyer BUYER shall provide Seller with the Final Test Plan within seven (7) Business Days after the expiration of the thirty (30) day period. Failure by Buyer BUYER to provide Seller with written acceptance of any Seller’s Proposed Test Plan shall not constitute acceptance of such Seller’s Proposed Test Plan.

Appears in 1 contract

Samples: Energy Storage System Power Purchase Tolling Agreement

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