Delayed Tests. If the Tests on Completion are being unduly delayed by the Employer, sub-clause 7.4 [Testing] (eighth paragraph) or sub-clause 10.3 [Interference with Tests on Completion] shall be applicable. If the Tests on Completion are being unduly delayed by the Contractor, the Engineer may by notice require the Contractor to carry out the Tests within 14 days after receiving the notice: The Contractor shall carry out the Tests on such day or days within that period as the Contractor may fix and of which it shall give notice to the Engineer. If the Contractor fails to carry out the Tests on Completion within the period of 14 days, the Employer's Personnel may proceed with the Tests at the risk and cost of the Contractor. The Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the results of the Tests shall be accepted as accurate.
Delayed Tests. If the Contractor incurs Cost as a result of any unreasonable delay by the Employer to the Tests after Completion, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to payment of any such Cost plus reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause
Delayed Tests. If the Contractor incurs Cost as a result of any unreasonable delay by the Contract Awarder to the Tests after Completion, the Contractor shall (i) give notice to the Contract Awarder and (ii) be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to payment of any such Cost plus reasonable profit, which shall be added to the Contract Price. After receiving this notice, the Contract Awarder shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine this Cost and profit. If, for reasons not attributable to the Contractor, a Test after Completion on the Works or any Section cannot be completed during the Defects Notification Period (or any other period agreed upon by both Parties), then the Works or Section shall be deemed to have passed this Test after Completion.
Delayed Tests. If the Tests on Completion are being unduly delayed by the Employer, Sub-Clause 7.4
Delayed Tests. (a) If the Performance Tests are not satisfactorily completed by the Scheduled Take Over Date due to the occurrence of any of the events described in SUBSECTION 5.1.1
Delayed Tests. 7.3.1 If the Final Acceptance Tests have not been performed and Final Acceptance has been deemed to have occurred pursuant to Section 7.2(b):
(a) the Project shall be properly maintained by Owner at Owner's expense in accordance with:
(i) good industry practices; and
(ii) operation and maintenance manuals, instructions and specific recommendations provided by Contractor to Owner; and
(b) once every 6 (six) weeks until the Final Acceptance Tests can be performed Contractor may conduct an inspection of the Project to ensure proper maintenance of the Project, at Owner's expense, is being carried out.
7.3.2 If geothermal fluid has been run through any part of the Project or the Project has otherwise been operated by Owner, for a cumulative period of more than 6 (six) weeks, Contractor may require that the parties jointly open and inspect the Project prior to the Final Acceptance Tests being carried out.
7.3.3 Subject to Subsection 7.3.5, if the events that prevented the commencement of the testing cease, the parties shall inspect the Project and:
(a) if the Project is in good, clean and as-installed condition, Contractor will proceed within a reasonable period of time to conduct the Final Acceptance Tests not previously completed; or
(b) if the Project is not in good, clean and as-installed condition, prior to the conduct of the Final Acceptance Tests, Contractor will within a reasonable period of time clean and repair the Project (as Contractor reasonably deems appropriate) at Owner's expense and then conduct such tests; and
(c) if the Project can not be cleaned and/or repaired to a standard to enable the Final Acceptance Tests to be carried out, the testing protocols and requirements shall be revised accordingly to adjust for the constraints which prevent such tests from being performed as originally defined and within a reasonable period of time Contractor shall conduct such revised tests.
7.3.4 Contractor shall be paid all costs and expenses arising directly from such prevention and delay, including without limitation those costs and expenses reasonably incurred for demobilization and remobilization and increased costs and expenses incurred for rescheduling of the testing.
7.3.5 Contractor's obligations under this Section 7.3 shall cease upon the end of the earlier of (a) 8 (eight) months after the date of the deemed Substantial Completion under Subsection 7.1.3 or (b) 7 (seven) months after the date of deemed Final Acceptance under Section 7.2(b), if Cont...
Delayed Tests. 47 12.3 Retesting............................................................48 12.4 Failure to Pass Tests after Completion...............................48
Delayed Tests. If the Tests on Completion are being unduly delayed by the Employer, Sub-Clause 7.4 [Testing] (fifth paragraph) and/or Sub-Clause 10.3 [Interference with Tests on Completion] shall be applicable. If the Tests on Completion are being unduly delayed by the Contractor, the Employer may by notice require the Contractor to carry out the Tests within 14 days after receiving the notice. The Contractor shall carry out the Tests on such day or days within that period as the Contractor may fix and of which he shall give notice to the Employer. If the Contractor fails to carry out the Tests on Completion within the period of 14 days, the Employer's Personnel may proceed with the Tests at the risk and cost of the Contractor. This is without prejudice to the Employer's right to withhold scheduled payments under Sub-Clauses 8.7 [Delay Damages] and 15.2 [Contractor's Default]. These Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the results of the Tests shall be accepted as accurate.
Delayed Tests. (a) If the Tests on Completion are being unduly delayed by the Contractor, the Employer may by notice require the Contractor to carry out the Tests on Completion within seven (7) days after receiving the notice. The Contractor shall carry out the Tests on Completion on such day or days within that period as the Contractor may fix and of which it shall give notice to the Employer.
(b) If the Contractor fails to carry out the Tests on Completion within the period of seven (7) days, the Employer’s Personnel may proceed with the Tests on Completion at the risk and cost of t he Contractor. These Tests on C ompletion shall t hen be de emed t o have be en carried out in the presence of the Contractor and the results of t he Tests on C ompletion shall be accepted as accurate.
Delayed Tests. If such tests are being unduly delayed by the Seller, the Buyer may by notice require the Seller to carry out such tests within twenty-one (21) Days after the receipt of such notice. The Seller shall carry out such tests on such Day or Days within that period as notified by the Seller to the Buyer.
