Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under sub- clause 9.3 [Retesting] the Engineer shall be entitled to:
(a) order further repetition of Tests on Completion under sub-clause 9.3;
(b) if the failure deprives the Employer of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Employer shall have the same remedies as are provided in clause 11.A2 [Defects in the Works]; or
Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub- Clause 9.3 [Retesting], the Engineer shall be entitled to:
(a) order further repetition of Tests on Completion under Sub-Clause 9.3;
(b) if the failure deprives the Employer of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Employer shall have the same remedies as are provided in sub- paragraph (c) of Sub-Clause 11.4 [Failure to Remedy Defects]; or
(c) issue a Taking-Over Certificate, if the Employer so requests. In the event of sub-paragraph (c), the Contractor shall then proceed in accordance with all other obligations under the Contract, and the Contract Price shall be reduced by such amount as shall be appropriate to cover the reduced value to the Employer as a result of this failure. Unless the relevant reduction for this failure is stated (or its method of calculation is defined) in the Contract, the Employer may require the reduction to be (i) agreed by both Parties (in full satisfaction of this failure only) and paid before this Taking-Over Certificate is issued, or (ii) determined and paid under Sub-Clause 2.5 [Employer's Claims] and Sub-Clause 3.5 [Determinations].
Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under sub-clause
Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting], the Employer shall be entitled to:
(a) order further repetition of Tests on Completion under Sub-Clause 9.3 [Retesting];
(b) accept the Works or Section and issue a Taking-Over Certificate in which event the Employer shall have the same remedies as are provided in sub paragraph (b) of Sub-Clause 11.4 [Failure to Remedy Defects]. In the event of sub-paragraph (b), the Contractor shall proceed in accordance with all other obligations under the Contract.
Failure to Pass Tests on Completion. (a) If the Works fail to pass the Tests on Completion repeated under Clause 9.3 (Retesting), the Employer shall at its sole discretion be entitled:
(i) to order further repetition of Commissioning Tests under Clause 9.3 (Retesting);
(ii) if the failure deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, or the Works or any part thereof do not meet the Minimum F unctional S pecifications or t he m inimum pe rformance c riteria f or satisfying the Complex Commercial Operations Test to reject the Works in which event the Employer shall have the same remedies as are provided in sub-paragraph (b)(iii) of Clause 11.4 (Failure to Remedy Defects); or
(iii) issue a Taking-Over Certificate.
(b) In the event of sub-paragraph ( a)(iii) above, the Contractor shall proceed in accordance with all other obligations under the Contract, and the Contractor will pay the amounts set out in Clause 9.12 (Guaranteed Performance).
Failure to Pass Tests on Completion. If the Works, or a Section, or a Part fails to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting], the Engineer shall be entitled to: (a) order further repetition of Tests on Completion under Sub-Clause 9.3 until the Tests on Completion are passed; or (b) after one further repetition of the Tests on Completion under Sub-Clause 9.3 [Retesting], apply the same remedy as is provided for in Sub-Clause 11.4 [Failure to Remedy Defects] and in such circumstances the Tests on Completion shall be deemed to have been passed.
