Common use of Notice and Requirements for Substantial Completion Clause in Contracts

Notice and Requirements for Substantial Completion. Contractor shall give Owner not less than ninety (90) Days’ prior written notice of its intention to commence the Performance Tests, and, on the sixtieth (60th) Day and thirtieth (30th) Day immediately prior to Contractor’s intention to commence such testing activities, Contractor shall provide written notices to Owner. The Parties shall, no later than twenty-four (24) months after Owner’s issuance of the Notice to Proceed, mutually agree upon final test procedures for the conduct of the Performance Tests as specified in and consistent with Attachment 19 (these test procedures and the test parameters specified in Attachment 19 hereinafter referred to as “Performance Test Procedures”). Contractor shall provide all labor, equipment, supplies, and all other items necessary for the conduct of the Performance Tests; provided, however, that Owner shall provide operating personnel for supervision by Contractor in accordance with Section 4.4 and the Commissioning Feed Gas in accordance with Section 11.2B. Contractor shall analyze the data obtained during all Performance Tests, and ensure that such data reflects the performance standards required hereunder. A complete copy of all raw performance data and a detailed listing of all testing instrumentation utilized shall be provided to Owner at the completion of testing. Upon achieving all requirements under this Agreement for Substantial Completion, Contractor shall certify to Owner in the form of Attachment 13 (“Substantial Completion Certificate”) that all of the requirements under this Agreement for Substantial Completion have occurred and shall provide with such Substantial Completion Certificate a Performance Test report and analysis to Owner. At a minimum, the Performance Test report shall include (i) the raw data, (ii) the instrumentation utilized for the Performance Tests, (iii) the procedures utilized during the Performance Tests, (iv) calculations and information, and a full explanation concerning same, for adjustments to the Guarantee Conditions, as and to the extent specified in the Performance Test Procedures, and (v) any other reasonable supporting information used to demonstrate that the Work has met the Minimum Acceptance Criteria or the Performance Guarantee, as the case may be. The Substantial Completion Certificate shall be accompanied by all other supporting documentation as may be reasonably required to establish that the requirements for Substantial Completion have been met.

Notice and Requirements for Substantial Completion. Contractor shall comply with all requirements for Substantial Completion herein, including as set forth in the definition of the term Substantial Completion and in Attachments A, S and T. For the initial Performance Test, Contractor shall give Owner not less than ninety [***] (90[***]) Days’ prior written notice of its intention to commence the each initial Performance TestsTest, and, on the sixtieth [***] (60th[***]) Day and thirtieth (30th) Day immediately prior to Contractor’s intention to commence such testing activities, Contractor shall provide written notices notice to Owner. The For all Performance Tests other than the initial Performance Test, Contractor shall give the Owner not less than seven (7) Days’ written notice of its intention to commence a Performance Test. To the extent not specified in Attachment S, the Parties shall, no later than twenty-four [***] (24[***]) months after Owner’s issuance of prior to the Notice to ProceedGuaranteed Substantial Completion Date, mutually agree upon final test procedures for the conduct of the Performance Tests as specified in and consistent with Attachment 19 (these test procedures applicable to Train 3 and the test parameters specified achievement of Substantial Completion. Except for the items listed in Attachment 19 hereinafter referred V, the natural gas feed pursuant to as “Performance Test Procedures”). Section 4.6C, and operation personnel to be provided by Owner under Section 4.4, Contractor shall provide all labor, equipment, supplies, and all other items necessary for the conduct of the Performance Tests; provided, however, that Owner shall provide operating personnel for supervision by Contractor in accordance with Section 4.4 and the Commissioning Feed Gas in accordance with Section 11.2B. . Contractor shall analyze the data obtained during all Performance Tests, Tests and ensure that such data reflects the performance standards required hereunder. A complete electronic native copy of all raw performance data and a detailed listing of all testing instrumentation utilized shall be provided to Owner at the completion of testing. Upon achieving all requirements under this Agreement for Substantial Completion, Contractor shall certify to Owner in the form of Attachment 13 Schedule L-5 (“Substantial Completion Certificate”) that all of the requirements under this Agreement for Substantial Completion have occurred and shall provide Owner with such a Substantial Completion Certificate Certificate, a Performance Test report report, and analysis to OwnerOwner for Train 3. At a minimum, the Each Performance Test report shall include include, at minimum: (i) the raw data, (ii) the procedures and instrumentation utilized for the applicable Performance TestsTest, (iii) the procedures utilized during the Performance Tests, (iv) test calculations and informationinformation in Microsoft Excel format, and a full explanation concerning same, for adjustments to the Guarantee Conditions, as and to the extent specified in the Performance Test ProceduresAttachment S, and (viv) any other reasonable supporting information used to demonstrate that the Work has met the Minimum Acceptance Criteria or the Performance Guarantee, as the case may beand other requirements of this Agreement. The Substantial Completion Certificate shall be accompanied by all other supporting documentation as may be reasonably required to establish that the requirements for Substantial Completion have been met.

Notice and Requirements for Substantial Completion. Contractor shall comply with all requirements for Substantial Completion of each Train herein, including as set forth in the definition of the term Substantial Completion and in Attachments A, S and T. For the initial Performance Test for each Train, Contractor shall give Owner not less than ninety [***] (90[***]) Days’ prior written notice of its intention to commence the each initial Performance TestsTest for a Train, and, on the sixtieth [***] (60th[***]) Day and thirtieth (30th) Day immediately prior to Contractor’s intention to commence such testing activities, Contractor shall provide written notices notice to Owner. The For all Performance Tests other than the initial Performance Test for each Train, Contractor shall give the Owner not less than [***] ([***]) Days’ written notice of its intention to commence a Performance Test. To the extent not specified in Attachment S, the Parties shall, no later than twenty-four [***] (24[***]) months after Owner’s issuance of Days prior to the Notice to ProceedGuaranteed Substantial Completion Date for the applicable Train, mutually agree upon final test procedures for the conduct of the Performance Tests as specified in and consistent with Attachment 19 (these test procedures applicable to such Train and the test parameters specified achievement of Substantial Completion of such Train. Except for the items listed in Attachment 19 hereinafter referred V, the natural gas feed pursuant to as “Performance Test Procedures”). Section 4.6C, and operation personnel to be provided by Owner under Section 4.4, Contractor shall provide all labor, equipment, supplies, and all other items necessary for the conduct of the Performance Tests; provided, however, that Owner shall provide operating personnel for supervision by Contractor in accordance with Section 4.4 and the Commissioning Feed Gas in accordance with Section 11.2B. . Contractor shall analyze the data obtained during all Performance Tests, Tests and ensure that such data reflects the performance standards required hereunder. A complete electronic native copy of all raw performance data and a detailed listing of all testing instrumentation utilized shall be provided to Owner at the completion of testing. Upon achieving all requirements under this Agreement for Substantial CompletionCompletion of each Train, Contractor shall certify to Owner in the form of Attachment 13 Schedule L-5 (“Substantial Completion Certificate”) that all of the requirements under this Agreement for Substantial Completion have occurred and shall provide Owner with such a Substantial Completion Certificate Certificate, a Performance Test report report, and analysis to OwnerOwner for the applicable Train. At a minimum, the Each Performance Test report shall include include, at minimum: (i) the raw data, (ii) the procedures and instrumentation utilized for the applicable Performance TestsTest, (iii) the procedures utilized during the Performance Tests, (iv) test calculations and informationinformation in Microsoft Excel format, and a full explanation concerning same, for adjustments to the Guarantee Conditions, as and to the extent specified in the Performance Test ProceduresAttachment S, and (viv) any other reasonable supporting information used to demonstrate that the Work has met the Minimum Acceptance Criteria or the Performance Guarantee, as the case may beand other requirements of this Agreement. The Substantial Completion Certificate for each Train shall be accompanied by all other supporting documentation as may be reasonably required to establish that the requirements for Substantial Completion of such Train have been met.

Notice and Requirements for Substantial Completion. Contractor shall give Owner not less than ninety (90) Days’ prior written notice of its intention to commence the Performance Tests, and, on the sixtieth (60th) Day and thirtieth (30th) Day immediately prior to Contractor’s intention to commence such testing activities, Contractor shall provide written notices to Owner. The Parties shall, no later than twenty-four (24) months after Owner’s issuance of the Notice to Proceed, mutually agree upon final test procedures for the conduct of the Performance Tests as specified in and consistent with Attachment 19 (these test procedures and the test parameters specified in Attachment 19 hereinafter referred to as “Performance Test Procedures”). Contractor shall provide all labor, equipment, supplies, and all other items necessary for the conduct of the Performance Tests; provided, however, that Owner shall provide operating personnel for supervision by Contractor in accordance with Section 4.4 and the Commissioning Feed Gas in accordance with Section 11.2B. Contractor shall analyze the data obtained during all Performance Tests, and ensure that such data reflects the performance standards required hereunder. A complete copy of all raw performance data and a detailed listing of all testing instrumentation utilized shall be provided to Owner at the completion of testing. Upon achieving all requirements under this Agreement for Substantial CompletionCompletion of the Project, Contractor shall certify to Owner in the form of Attachment 13 (“Substantial Completion Certificate”) that all of the requirements under this Agreement for Substantial Completion of the Project have occurred and shall provide with such Substantial Completion Certificate a Performance Test report and analysis to Owner. At a minimum, the Performance Test report shall include (i) the raw data, (ii) the instrumentation utilized for the Performance Tests, (iii) the procedures utilized during the Performance Tests, (iv) calculations and information, and a full explanation concerning same, for adjustments to the Guarantee Conditions, as and to the extent specified in the Performance Test Procedures, and (v) any other reasonable supporting information used to demonstrate that the Work has met the Minimum Acceptance Criteria or the Performance Guarantee, as the case may be. The Substantial Completion Certificate shall be accompanied by all other supporting documentation as may be reasonably required to establish that the requirements for Substantial Completion of the Project have been met.