Acceptance Testing Period; Repeat Tests. Contractor, subject to the provisions of this Section 11.2.3 and Schedule III, may repeat an Acceptance Test as Contractor deems appropriate; provided, that all Acceptance Tests must be completed by 60 days after the Facility achieves Mechanical Completion (the “Acceptance Testing Period”), unless: (a) the Parties agree otherwise in writing; or (b) the Acceptance Testing Period is extended by Force Majeure, but not beyond the Delay Default Date. Contractor shall bear the costs of performing the repeat Acceptance Tests. Contractor shall give Owner and Engineer not less than the following advance notice of each Acceptance Test following the initial Acceptance Test: (i) if the Acceptance Test is a prompt retest which merely continues a previously commenced Acceptance Test or promptly follows a failed Acceptance Test, not less than 24 hours advance notice; and (ii) if the Acceptance Test is a new Acceptance Test that follows an interim period of more than 10 Business Days during which no Acceptance Testing has occurred, then not less than 3 Business Days advance notice, unless a shorter period is agreed to by the Parties.
Acceptance Testing Period; Repeat Tests. Contractor, subject to the provisions of this Section 11.2.3 and Schedule III, may repeat an Acceptance Test as Contractor deems appropriate for a Facility; provided, that (a) all Initial Acceptance Tests must be completed by 60 days after the Facility achieves Mechanical Completion; and (b) all Final Acceptance Tests must be completed 60 days after the Facility achieves Substantial Completion (collectively, the “Acceptance Testing Period”), unless the Parties agree otherwise in writing; or (b) the Acceptance Testing Period is extended by Force Majeure, but not beyond the Delay Default Date. Contractor shall bear the costs of performing the repeat Acceptance Tests. Contractor shall give Owner and Engineer not less than the following advance notice of each Acceptance Test following the initial Acceptance Test for a Facility: (i) if the Acceptance Test is a prompt retest which merely continues a previously commenced Acceptance Test or promptly follows a failed Acceptance Test, not less than 24 hours advance notice; and (ii) if the Acceptance Test is a new Acceptance Test that follows an interim period of more than 10 Business Days during which no Acceptance Testing has occurred, then not less than three (3) Business Days advance notice, unless a shorter period is agreed to by the Parties.
Acceptance Testing Period; Repeat Tests. MGE Construct, subject to the provisions of this Section 11.2.3 and Schedule III, may repeat an Acceptance Test as MGE Construct deems appropriate; provided, that all Acceptance Tests must be completed by sixty (60) days after the Facility achieves Mechanical Completion (the “Acceptance Testing Period”), unless: (a) the Parties agree otherwise in writing; (b) the Acceptance Testing Period is extended by Force Majeure, but not beyond the Delay Default Date; or (c) the University’s steam and/or chilled water load is not sufficient to permit the qualified independent testing company to conduct all required Acceptance Tests within the Acceptance Testing Period. If the University’s steam and/or chilled water load is not sufficient for Acceptance Testing, the Parties agree that MGE Construct shall cause the qualified independent testing company to complete within the Acceptance Testing Period all Acceptance Tests for which a sufficient steam and/or chilled water load exists and that the Acceptance Testing Period shall be extended until the date sixty (60) days after the University reasonably determines that a sufficient steam and/or chilled water load exists to conduct the remaining Acceptance Tests. MGE Construct shall bear those costs of performing the Acceptance Tests. MGE Construct shall give Owner and Engineer not less than the following advance notice of each Acceptance Test following the initial Acceptance Test: (i) if the Acceptance Test is a prompt retest which merely continues a previously commenced Acceptance Test or promptly follows a failed Acceptance Test, not less than twenty-four (24) hours advance notice; and (ii) if the Acceptance Test is a new Acceptance Test that follows an interim period of more than ten (10) business days during which no Acceptance Testing has occurred, then not less than three (3) business days advance notice, unless a shorter period is agreed to by the Parties.
Acceptance Testing Period; Repeat Tests. The CONTRACTOR, subject to the provisions of this Section 10.2.3 and Schedule III, may repeat an Acceptance Test as the CONTRACTOR deems appropriate; provided, that all Acceptance Tests must be completed by sixty
