Further Tests. If the work of remedying any defect or damage may affect the performance of the Works, the Engineer may require the repetition of any of the tests described in the Contract, including Tests on Completion. The requirement shall be made by notice within 28 days after the defect or damage is remedied. These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at the risk and cost of the Party liable, under sub-clause 11.2 [Cost of Remedying Defects], for the cost of the remedial work.
Further Tests. If the repair or replacement of any equipment or components of Work is such that it may affect the operation of the Work or any part thereof, then Owner may require that tests of such equipment or components or any affected part of the Work thereof be conducted by Contractor and repeated to the extent reasonably necessary. Such requirement shall be made by Notice within thirty (30) Days after the Defect or Deficiency is remedied. Such tests shall verify that the equipment or component or any affected part of the Work thereof, as the case may be, is at the same level of performance as existed prior to the need for repair or replacement.
Further Tests. If repairs or replacements are of such a character as may affect the operation of the Work or any part thereof, Buyer may, within one (1) month after such repair or replacement, give to Seller notice requiring further testing to be conducted, in which case such tests shall be carried out at Seller’s cost and as provided in article 18 (“Performance Testing”).
Further Tests. If the work of remedying of any defect or damage may affect the performance of the Works, the Contract Awarder may require the repetition of any of the tests described in the Contract, including Tests on Completion and/or Tests after Completion. The requirement shall be made by notice within 28 days after the defect or damage is remedied. These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at the risk and cost of the Party liable, under Sub-Clause 11.2 [Cost of Remedying Defects], for the cost of the remedial work.
Further Tests. Sensis may, at its own cost, conduct tests in relation to the Deliverables at any time during the term of this agreement. If such tests reveal that any of the Deliverables are failing or have failed to meet the Acceptance Criteria, Sensis will notify the Consultant and the Consultant must, at its own cost, promptly rectify that failure.
Further Tests. As part of the work of remedying of any defect or damage after Take Over, Owner (acting reasonably) may require Contractor to test the replaced component or, where reasonably appropriate, related system or subsystem to substantiate that such defect or damage has been properly remedied. The requirement shall be made by notice within 28 days after the defect or damage is remedied. The parties shall use reasonable endeavours to agree upon the nature and extent of the testing reasonably required in the circumstances and in the event that they are unable to agree either party may request the nature and extent of the testing reasonably required in the circumstances be fixed by an expert appointed by the President or nominee of the Institute of Professional Engineers New Zealand and the determination of that expert shall be final and binding upon the parties The agreed or expert determined repeat tests shall be carried out in accordance with the terms applicable to the previous tests at the risk and cost of Contractor with due allowance for degradation as is appropriate. For the avoidance of doubt ARTICLE 12 (Liquidated Damages) shall not apply.
Further Tests. If repairs or replacements are of such a character as may affect the operation of the Facility or any part thereof, PacifiCorp may, within one (1) month after such repair or replacement, give to Developer notice requiring further testing to be conducted, in which case such tests shall be carried out at Developer’s cost and as provided in ARTICLE 18.
Further Tests. If the work of remedying of any defect or damage may affect the performance of the Works, the Engineer may require the repetition of any of the tests described in the Contract. The requirement shall be made by notice within 28 days after the defect or damage is remedied. These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at the risk and cost of the Party liable, under Sub-Clause 11.2 [Cost of Remedying Defects], for the cost of the remedial work. Right of Access Until the Performance Certificate has been issued, the Contractor shall have such right of access to the Works as is reasonably required in order to comply with this Clause, except as may be inconsistent with the Procuring entity’s reasonable security restrictions. Contractor to Search The Contractor shall, if required by the Engineer, search for the cause of any defect, under the direction of the Engineer. Unless the defect is to be remedied at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Cost of the search plus profit shall be agreed or determined by the Engineer in accordance with Sub-Clause 3.5 [Determinations] and shall be included in the Contract Price. Performance Certificate Performance of the Contractor’s obligations shall not be considered to have been completed until the Engineer has issued the Performance Certificate to the Contractor, stating the date on which the Contractor completed his obligations under the Contract. The Engineer shall issue the Performance Certificate within 28 days after the latest of the expiry dates of the Defects Notification Periods, or as soon thereafter as the Contractor has supplied all the Contractor’s Documents and completed and tested all the Works, including remedying any defects. A copy of the Performance Certificate shall be issued to the Procuring entity. Only the Performance Certificate shall be deemed to constitute acceptance of the Works. Unfulfilled Obligations After the Performance Certificate has been issued, each Party shall remain liable for the fulfilment of any obligation which remains unperformed at that time. For the purposes of determining the nature and extent of unperformed obligations, the Contract shall be deemed to remain in force. Clearance of Site Upon receiving the Performance Certificate, the Contractor shall remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works fr...
Further Tests. If any remedial work undertaken under clause 32.2 affects or is likely to affect the Company’s efficient operations the Company may, within 30 days after completion of the remedial work, notify the Contractor that further Tests are to be made in accordance with clause 25 to identify any further defects, damage or inefficiencies. The costs of such further Tests shall be borne by the Contractor.
Further Tests. If the work of remedying of any defect or damage may affect the
