Common use of Failure to Pass Tests Clause in Contracts

Failure to Pass Tests. a. If the Works or parts thereof, fail to pass the Tests on completion repeated under Article 13.3, the Independent Engineer shall be entitled to: i) Order further repetition of Tests on completion under Article 13.3, in which case the Concessionaire shall be obliged to carry out such adjustments, repairs, replacements and/or modifications as may be required to ensure that the Works or part achieve the requirements; or ii) Reject the Works or part (as the case may be), if the Construction Completion Certificate or the Provisional Certificate could not be issued within 90 (Ninety) days from the date the Concessionaire had notified the Independent Engineer about the actual date of the first Test pursuant hereto for reasons attributable to the Concessionaire, in which event, the Authority shall have the same remedies against the Concessionaire as are provided under Article 22.1.

Failure to Pass Tests. a. If the Works or parts thereof, fail to pass the Tests on completion repeated under Article 13.3, the Independent Engineer shall be entitled to: i) Order further repetition of Tests on completion under Article 13.3, in which case the Concessionaire shall be obliged to carry out such adjustments, repairs, replacements and/or modifications as may be required to ensure that the Works or part achieve the requirements; or ii) Reject the Works or part (as the case may be), if the Construction Completion Certificate or the Provisional Certificate could not be issued within 90 (Ninetyninety) days from the date the Concessionaire had notified the Independent Engineer about the actual date of the first Test pursuant hereto for reasons attributable to the Concessionaire, in which event, the Authority shall have the same remedies against the Concessionaire as are provided under Article 22.1.