Delayed Tests; Deemed Completion. 6.4.1 In the event that Contractor’s conduct or completion of the Performance Tests is delayed for less than sixty (60) Days from the date on which such test would otherwise have commenced, been conducted or completed due to the failure of Company to fulfill any of its obligations under this Contract, then Company shall issue a Change Order extending the Schedule Day-for-Day for each Day of delay for those Schedule items that are affected by the Company’s failure to fulfill its obligations and compensating Contractor for its additional costs incurred as a result of such delay.
6.4.2 In the event that Contractor’s conduct or completion of the Performance Test is delayed for thirty (30) Days from the Substantial Completion Date due to a Company Default, then Company shall pay to Contractor fifty percent (50%) of the payment milestone set forth in the Milestone Payment Schedule for the Final Completion payment milestone.
6.4.3 In the event that Contractor’s conduct or completion of the Performance Test is delayed for sixty (60) Days from the Substantial Completion Date due to a Company Default, then the Facility shall then be deemed to be completed for all purposes under this Contract, Company shall pay to Contractor the remainder of the Contract Price less only the amounts withheld for Punchlist Items pursuant to Section 4.10 and Final Completion shall be deemed to have occurred.
6.4.4 Subject to Section 6.4.5, prior to the commencement of the Performance Tests or, if the Performances Tests have been delayed as provided in this Section 6.4, if and when the events that prevented the commencement of the Performance Tests cease, the Parties shall inspect the Facility and:
(a) if geothermal fluid and or cooling water have been run through any part of the Facility or the Facility has otherwise been operated by Company, for a cumulative period of more than two (2) weeks, or based on shortfall in the test results, Contractor may require that the parties jointly open and inspect the Facility prior to the Performance Tests being carried out or prior to repeating of the test as the case may be; and
(b) if the Facility is in good, clean and as-installed condition, Contractor will proceed within a reasonable period of time to conduct the Performance Tests not previously completed; or
(c) if the Facility is not in good, clean and as-installed condition, prior to the conduct of the Performance Tests, Company will within a reasonable period of time clean and repair the Fac...
Delayed Tests; Deemed Completion. 6.4.1 In the event that Contractor's conduct or completion of any test is delayed for less than _________ (___) Days from the date on which such test would otherwise have commenced, been conducted or completed due to the failure of Company to fulfill any of its obligations under this Contract, then the Schedule shall be extended Day-for-Day for each Day of delay (without need of a Change Order).
6.4.2 In the event that Contractor's conduct or completion of the Performance Test is delayed for ___________ (___) Days or more from the date on which such test would otherwise have commenced, been conducted or completed due to a Company Default, then, as of the date on which such testing was scheduled to be completed, the Facility will then be deemed to be completed for all purposes under this Contract including, without limitation, satisfaction of the Performance Guarantee, and Company shall pay to Contractor the remainder of the Contract Price less only the cost savings of Contractor (if any) associated with it not performing such Performance Test.
Delayed Tests; Deemed Completion. 6.4.1 In the event that Contractor's conduct or completion of any test is delayed from the date on which such test would otherwise have commenced, been conducted or completed due to an Uncontrollable Company Default then the Schedule shall be extended Day-for-Day for each Day of delay (without need of a Change Order).
6.4.2 In the event that Contractor's conduct or completion of the Performance Test is delayed for ninety (90) Days or more from the date on which such test would otherwise have commenced, been conducted or completed due to an Uncontrollable Company Default, then, as of the date on which such testing was scheduled to be completed, the Facility will then be deemed to be completed for all purposes under this Contract including, without limitation, satisfaction of the Performance Guarantee, and Company shall pay to Contractor the remainder of the Contract Price less only the cost savings of Contractor (if any) associated with it not performing such Performance Test. In the event that the circumstances which prevented the conduct or completion of the Performance Test have ceased to exist, Contractor will assist the Company to perform such test.
