Testing and Correction Sample Clauses

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 Seller’s Meter(s) upon reasonable notice, provided such testing shall not exceed one (1) test during a Calendar Year, or more frequently if there is just cause. If Seller has installed Seller’s Meter(s) in accordance with Section 7.1 hereof, Seller shall test and verify such meters annually. Each Party shall bear the cost of the annual testing of its own meters.
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Testing and Correction. The accuracy of each Project Meter shall be tested and verified as provided in the Interconnection Agreement and the cost of test shall be a Necessary Expense. MGE and NIW II shall have the right to access, with reasonable notice to the other and at reasonable times, to the other party's low side meters in order to test and verify the accuracy of such meters' measurements and recordings. Such inspections and verifications shall be at the sole expense of the party making the inspection. If any party or power purchaser entitled to do so under its power purchase agreement has installed a check meter the party or power purchaser shall test and verify each such meter shall be accurate within a one percent (1%) variance in accordance with commonly accepted meter testing procedures. Each party to this Agreement and power purchaser entitled to do so under its power purchase agreement shall have the right to be present when any other party is performing any maintenance and testing on the meters provided it has given the other party reasonable notice of its desire to be present. Each party shall bear the cost of the testing of its own meters. If either party disputes a meter's accuracy or condition, it shall so advise the owner of the meter in writing. The owner of the meter shall, within fifteen (15) days after receiving such notice, advise the disputing 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, then either party may submit such dispute to an unaffiliated third-party engineering company mutually acceptable to the parties to test the meter. If the tested meter is found to be registering within the permitted variance indicated in the Interconnection Agreement, and a low side meter is found to be registering within the permitted one percent (1%) variance, the disputing party shall bear the cost of inspection; otherwise, the cost shall be borne by the owner of the meter. Any repair or replacement shall be made at the owner's expense as soon as practicable, based on the third-party engineer's report. If, upon testing, any meter is found to be accurate or to be in error by not more than the permitted 1% variance, previous recordings of such meter shall be considered accurate in computing deliveries hereunder, but if in error, such meter shall be promptly adjusted to record correctly. If, upon testing, any meter shall be ...
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Testing and Correction. (a) Upon Buyer’s reasonable request, Seller shall inspect and test the Metering Device for accuracy (with such inspection and testing at Buyer’s sole expense if requested more than once within a twelve (12) month period). 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 five (5) days prior written notice to Buyer of the date upon which any such test is to occur. Seller shall prepare a written report setting forth the results of each such test, and shall provide Buyer with copies of such written report not later than ten (10) days after completion of such test. Subject to Section 7.3(b) below, Seller shall bear the cost of the testing of the Metering Device and the preparation of the Metering Device test reports.
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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:
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Testing and Correction. The following steps shall be taken to resolve any disputes regarding the accuracy of the Meter:
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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. 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

  • 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.

  • Validation To validate the notice requirements outlined in Section 5.3, the Assuming Institution shall provide the Receiver (i) an Affidavit of Publication to meet the publication requirements outlined in Section 5.3(a) and (ii) the Assuming Institution will prepare an Affidavit of Mailing in a form substantially similar to Exhibit 2.3B after mailing the seven (7) day Notice to Depositors as required under Section 5.3(b).

  • Quality Assurance The parties endorse the underlying principles of the Company’s Quality Management System, which seeks to ensure that its services are provided in a manner which best conforms to the requirements of the contract with its customer. This requires the Company to establish and maintain, implement, train and continuously improve its procedures and processes, and the employees to follow the procedures, document their compliance and participate in the improvement process. In particular, this will require employees to regularly and reliably fill out documentation and checklists to signify that work has been carried out in accordance with the customer’s specific requirements. Where necessary, training will be provided in these activities.

  • Inspection and Testing Each Constructing Entity shall cause inspection and testing of the Interconnection Facilities that it constructs in accordance with the provisions of this section. The Construction Parties acknowledge and agree that inspection and testing of facilities may be undertaken as facilities are completed and need not await completion of all of the facilities that a Constructing Entity is building.

  • SAFE Compliance The Company shall comply with the SAFE Rules and Regulations, and shall use commercially reasonable efforts to cause its shareholders and option holders that are, or that are directly or indirectly owned or controlled by, PRC residents or PRC citizens, to comply with the SAFE Rules and Regulations applicable to them in connection with the Company, including without limitation, requesting each shareholder and option holder, that is, or is directly or indirectly owned or controlled by, a PRC resident or PRC citizen to complete any registration and other procedures required under applicable SAFE Rules and Regulations.

  • FDA Compliance The Company: (A) is and at all times has been in material compliance with all statutes, rules or regulations of the FDA and other comparable governmental entities applicable to the ownership, testing, development, manufacture, packaging, processing, use, distribution, marketing, labeling, promotion, sale, offer for sale, storage, import, export or disposal of any product under development, manufactured or distributed by the Company (“Applicable Laws”); (B) has not received any FDA Form 483, notice of adverse finding, warning letter, untitled letter or other correspondence or notice from the FDA or any governmental entity alleging or asserting material noncompliance with any Applicable Laws or any licenses, certificates, approvals, clearances, exemptions, authorizations, permits and supplements or amendments thereto required by any such Applicable Laws (“Authorizations”); (C) possesses all material Authorizations and such Authorizations are valid and in full force and effect and the Company is not in material violation of any term of any such Authorizations; (D) has not received notice of any claim, action, suit, proceeding, hearing, enforcement, investigation, arbitration or other action from the FDA or any governmental entity or third party alleging that any product operation or activity is in material violation of any Applicable Laws or Authorizations and has no knowledge that the FDA or any governmental entity or third party is considering any such claim, litigation, arbitration, action, suit, investigation or proceeding; (E) has not received notice that the FDA or any governmental entity has taken, is taking or intends to take action to limit, suspend, modify or revoke any material Authorizations and has no knowledge that the FDA or any governmental entity is considering such action; and (F) has filed, obtained, maintained or submitted all material reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments as required by any Applicable Laws or Authorizations and that all such reports, documents, forms, notices, applications, records, claims, submissions and supplements or amendments were materially complete and correct on the date filed (or were corrected or supplemented by a subsequent submission).

  • Clinical Data and Regulatory Compliance The preclinical tests and clinical trials, and other studies (collectively, “studies”) that are described in, or the results of which are referred to in, Registration Statement, the Pricing Disclosure Package or the Prospectus were and, if still pending, are being conducted in all material respects in accordance with applicable laws, rules, regulations and policies of the Food and Drug Administration of the U.S. Department of Health and Human Services (the “FDA”) or any committee thereof or of any other U.S. or foreign government or drug or medical device regulatory agency, or health care facility Institutional Review Board; each description of the results of such studies is accurate and complete in all material respects and fairly presents the data derived from such studies, and the Company and its subsidiaries have no knowledge of any other studies the results of which are materially inconsistent with, or otherwise call into question, the results described or referred to in the Registration Statement, the Pricing Disclosure Package or the Prospectus; for such studies that have been or are being conducted, the Company and its subsidiaries have made all such filings and obtained all such approvals as may be required by foreign government or drug or medical device regulatory agencies, or foreign health care facility Institutional Review Boards; and no investigational new drug application filed by or on behalf of the Company or any of its subsidiaries with the FDA has been terminated or suspended by the FDA, and neither the FDA nor any applicable foreign regulatory agency has commenced, or, to the knowledge of the Company, threatened to initiate, any action to place a clinical hold order on, or otherwise terminate, delay or suspend, any proposed or ongoing studies conducted or proposed to be conducted by or on behalf of the Company or any of its subsidiaries.

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