Examination and Testing Clause Samples

Examination and Testing. At any time prior to the expiry of the last Defects Liability Period, Honeywell may require the Works to be tested. The Subcontractor must give such assistance and make accessible such parts of the Works as may be required by Honeywell for that purpose. On completion of any tests, the Subcontractor must make good any part of the Works affected by testing so that it fully complies with the Subcontract. Except where the Subcontract otherwise provides, the cost of any tests and the cost of making good any part of the Works affected by tests will be borne by Honeywell unless the tests reveal a Defect in the Works in which case the costs of the testing and making good the Works must be borne by the Subcontractor.

Examination and Testing. 1At any time before the expiry of the Defects Liability Period, the Contractor may direct that any of the Works be tested. The Subcontractor shall give such assistance and samples and make accessible such parts of the Works as may be directed by the Contractor.

Examination and Testing. No amendment

Examination and Testing. Regardless of whether an Inmate self- identifies as having a disability, ADOC will continue to evaluate Inmates for disabilities through examination and testing. 1. ADOC will identify Inmates with physical disabilities in accordance with OHS Policy. A physical exam of each Inmate will be conducted by a medical provider employed or contracted by ADOC and appropriately licensed by the State of Alabama. This exam will occur within seven (7) days of intake, not including weekends and holidays. Inmates in ADOC’s custody at the time of the Court’s final approval of this Amended Agreement will continue to be screened, evaluated and tested for disabilities to ensure that physical disability status is identified, treated and accommodated. Within six (6) months of the Court’s final approval of this Agreement, each Inmate with a health care code of 4 or above will be screened, tested and evaluated for physical disabilities. Each Inmate with a health care code of 3 or less will be evaluated within twelve (12) months of the Court’s final approval of this Agreement at the time of their annual physical. 2. ADOC will identify Inmates with intellectual disabilities through the use of appropriately administered tests under the following regimen. i. Beginning eight (8) months after the Court’s final approval of this Amended Agreement, Inmates coming into or returning to ADOC’s custody (“New Inmates”) will be screened for intellectual disabilities initially using the Beta III test. This testing will be performed in a group setting. A New Inmate who scores 80 or lower on the Beta III test will then be individually screened for intellectual disabilities using the most current version of the Weschler Abbreviated Scale of Intelligence (WASI). If the Inmate scores 75 or below on the WASI, no further IQ testing is necessary and the Inmate will be deemed to have an IQ equal to the Inmate’s WASI score. If the Inmate’s score on the Beta III is 80 or less, but the Inmate’s WASI score is greater than 75 but less than 79, then the Inmate will be given the most current version of the Weschler Adult Intelligence Scale, (WAIS), currently the WAIS IV. An Inmate who scores 79 or higher on the WASI, or 76 or higher on the WAIS, is deemed to have an IQ too high for further consideration of an intellectual disability. If an Inmate’s score on either the WASI or the WAIS is 75 or less, then additional testing to determine whether the Inmate has an intellectual or developmental disability will be p...

Examination and Testing. 13.1 Tetra Tech may order tests (a) The Contractor must perform all tests required to be performed by the Contractor under this Contract (including all such tests referred to in Tetra Tech’s Project Requirements) or otherwise required by Good Industry Practice. (b) In addition to the tests required to be performed by the Contractor under this Contract, at any time before the expiry of the Defects Liability Period, Tetra Tech may direct that any Materials and Equipment or the Works be tested (“Additional Testing”). (c) The Contractor must provide such assistance and samples and make accessible such parts of the Works as may be required by Tetra Tech for inspection or testing. (d) Tetra Tech may direct that any part of the Works shall not be covered up or made inaccessible without Tetra Tech’s prior approval. (e) Tests must be conducted as provided in this Contract or by Tetra Tech or a person (which may include the Contractor) nominated by Tetra Tech. (f) Before conducting a test under this Contract, the party conducting the test, being Tetra Tech or the Contractor, will give reasonable notice in writing to the other party of the time, date and place of the test. If the other party does not then attend, the test may nevertheless proceed. (g) Without prejudice to any other right, if Tetra Tech or the Contractor delays in conducting a test, the other party, after giving reasonable notice in writing of its intention to do so, may conduct the test. (h) Results of tests must be promptly made available by each party to the other party. (i) On completion of the tests, the Contractor must, to the extent applicable, promptly make good the work tested so that it fully complies with this Contract and provide a detailed written report to Tetra Tech, describing any Defect identified by the testing and the action taken by the Contractor to remedy and make good that Defect.

Examination and Testing a. In addition to any testing, examination or inspection requirements specified in the Agreement, Owner, as part of its inspection and at its own cost, may examine or may require Contractor to examine, inspect and test any materials and workmanship, or check the progress of manufacture of all materials and equipment being supplied. Owner shall cooperate with Contractor so that inspections do not cause any unreasonable delay, interference, or cost increase in the execution of the relevant Work. Any such inspection, examination or testing or waiver of such shall not constitute acceptance or be construed as an approval of such materials and workmanship or in any way affect or reduce Contractor’s obligations to complete the Work in accordance with this Agreement. b. If the Owner performs inspections or tests on the premises of Contractor or of a Technical Consultant or Subcontractor, Contractor shall furnish, and shall require each such Technical Consultant or Subcontractor to furnish, all reasonable facilities and assistance for the safe and convenient performance of these inspections or tests. c. If any of the Work does not conform to Agreement requirements, Owner may require Contractor to re-perform the Work in conformity with Agreement requirements. d. Inspection and testing by Owner shall not relieve Contractor from any responsibility to meet the Agreement requirements. e. Inspection and testing by Owner does not constitute acceptance of the Work to be provided under this Agreement. Acceptance of such Work shall be determined by any acceptance procedures set forth elsewhere in this Agreement, or otherwise by Owner’s failure to reject the Work within a reasonable time (but not more than thirty (30) Days) after completion of all Work under this Agreement. Acceptance shall not limit Contractor’s liability under applicable warranties, including the Warranty in Article 21.

Examination and Testing