Performance Tests. 18.1 If Performance Tests are specified in the Scope of Work, this Article shall apply. 18.2 Performance Tests may be stipulated in the Scope of Work to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope of Work. 18.3 Unless otherwise stipulated in the Scope of Work: (a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests; (b) the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and (c) the Contractor shall provide such guidance as specified in the Scope of Work during the course of such Performance Tests. 18.4 When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System. 18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contract. 18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall: (a) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test; (b) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance Tests. 18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.
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Samples: Engineering, Procurement and Construction Contract (Quaker Chemical Corp)
Performance Tests. 18.1 If Performance Tests are specified in (i) The Agent, the Scope of Work, this Article shall apply.
18.2 Performance Tests may be stipulated in Purchasers and the Scope of Work Owner’s Engineer have the right to be performed before, after, or both before witness and after Functional Completion and shall be performed by that party specified in the Scope of Work.
18.3 Unless otherwise stipulated in the Scope of Work:
(a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for verify the Performance Tests;
. The Company shall give the Agent and the Owner’s Engineer notice regarding each proposed Performance Test within twenty-four (b24) the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and
(c) the Contractor shall provide such guidance as specified in the Scope hours of Work during the course any Loan Party’s receipt of notice of such Performance Tests.
18.4 When Test from the Contractor considers that the WorkDesign Builder. If, or upon completion of any System, will pass the Performance Tests, the Contractor Company is of the belief that such Performance Tests have been satisfied, it shall so notify the Owner Agent and the Owner’s Engineer and shall deliver a copy of all test results supporting such conclusion, accompanied by supporting data and calculations, evidencing the Company’s belief that the Contractor may perform Loan Parties and the Design Builder have satisfied their respective obligations with respect to such Performance Tests. If any such Performance Tests have been satisfactorily completed, the Company shall deliver to the Agent a report that indicates the preliminary opinions as to the satisfactory achievement of the Performance Tests on(each a “Performance Test Report”) and the Owner’s Engineer will, or toupon a thorough review of such Performance Test Report, certify in writing to the Agent, within five (5) Business Days of the receipt of such Performance Test Report, the Work or a System.
18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contract.
18.6 If the Work or a System, or part thereof, fails one or more satisfactory achievement of the Performance Tests, then the Contractor shall:
(a) prepare Tests or deliver a report to the Owner, for Agent and Company setting forth in reasonable detail any objections of the Owner’s approvalEngineer to such Performance Test Report.
(ii) Not approve any performance testing plan under any Design Build Contract or the results of any Performance Tests or declare Substantial Completion or Final Completion of any Plant without the prior written consent of the Agent, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that in consultation with the Owner’s review Engineer.
(iii) Immediately upon receipt (but no more than one (1) Business Day after receipt thereof from the Design Builder), provide notice to the Agent and approval the Owner’s Engineer if the Design Builder seeks to use a subcontractor not listed on Exhibit L to the relevant Design Build Contract to perform any portion of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes (as defined in such Design Build Contract) in excess of five hundred thousand Dollars ($500,000). If, within two (2) Business Days thereafter, the Performance Test;
(b) redo or repair Agent in consultation with the Work or System, or part thereof, and repair any damage Owner’s Engineer objects to the Work or System caused by use of such subcontractor, then the same Company shall cause the Loan Parties to reject such subcontractor in failing to meet the Performance Test, to make accordance with Section 3.5.1 of such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance TestsDesign Build Contract.
18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.
Appears in 1 contract
Samples: Note and Equity Purchase Agreement (ASAlliances Biofuels, LLC)
Performance Tests. 18.1 If (i) The Administrative Agent and the Independent Engineer have the right to witness and verify any Performance Tests. The Borrower shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test within twenty-four (24) hours of the Borrower’s receipt of notice of such Performance Test from the Design-Build Contractor. If, upon completion of any Performance Tests, the Borrower believes that such Performance Tests are specified in have been satisfied, the Scope Borrower shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of Workall test results supporting such conclusion, this Article shall apply.
18.2 accompanied by supporting data and calculations, evidencing the Borrower’s belief that the Borrower and the Design-Build Contractor have satisfied their respective obligations with respect to such Performance Tests. If any such Performance Tests may be stipulated have been satisfactorily completed, the Borrower shall deliver to the Administrative Agent a report that indicates the preliminary opinions as to the satisfactory achievement of the Performance Tests (each, a “Performance Test Report”), and the Independent Engineer will, upon a thorough review of such Performance Test Report, certify in writing to the Scope Administrative Agent, within five (5) Business Days of Work the receipt of such Performance Test Report, the satisfactory achievement of the Performance Tests or deliver a report to be performed beforethe Administrative Agent and the Borrower setting forth in reasonable detail any objections of the Independent Engineer to such Performance Test Report. If any such valid objections are made, after, or both before and after Functional Completion and then the Borrower shall be performed by that party specified in permitted to address such objections to the Scope reasonable satisfaction of Work.
18.3 Unless otherwise stipulated in the Scope of Work:
(a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests;
(b) the Contractor shall carry out the Independent Engineer or conduct additional Performance Tests in accordance with the manuals provided by the Contractor under this Section 5.4; and7.01(k).
(cii) The Borrower will not approve any performance testing plan under the Contractor shall provide such guidance as specified in Design-Build Agreement, approve the Scope results of Work during the course of such Performance Tests.
18.4 When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, declare Final Completion without the Work or a System.
18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success prior written consent of the same to Administrative Agent and the Contractor. Such acknowledgement shall Independent Engineer, which consent will not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contractunreasonably withheld.
18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall:
(a) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test;
(b) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance Tests.
18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.
Appears in 1 contract
Performance Tests. 18.1 If Performance Tests are specified in the Scope of Work, this Article shall apply.
18.2 Performance Tests may be stipulated in the Scope of Work to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope of Work.
18.3 Unless otherwise stipulated in the Scope of Work:
(a) Upon Provisional Acceptance of any Production Line, Seller shall deliver such Production Line (other than any Standby Production Line) to Buyer F.O.B. Minneapolis St. Xxxx International Airport, at the Owner loading dock of a carrier designated by Buyer. Seller shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal be responsible for packaging such Production Line for transportation to Buyer's Facility. Buyer shall be responsible for transportation of fluids such Production Line from such airport to Buyer's Facility and materials for customs clearance and water for the Performance Tests;Import Taxes payable in respect of such Production Line.
(b) the Contractor Upon delivery of any Production Line (other than any Standby Production Line) to Buyer's Facility, Seller shall install such Production Line in Buyer's Facility, in coordination with Buyer. Seller shall carry out the Performance Tests for any such Production Line at Buyer's Facility in the presence of Buyer at a mutually agreed time. In the case of any Standby Production Line, Seller shall carry out the Performance Tests at Seller's Facility in the presence of Buyer at a mutually agreed time. If any Production Line is not ready for the Performance Tests in the opinion of Buyer, Seller shall perform such Work as is necessary to prepare such Production Line for the Performance Tests until such Production Line is ready for the Performance Tests, in the opinion of Buyer. If any Production Line does not achieve the Performance Guarantees to Buyer's satisfaction, Seller shall perform such Work as is necessary to achieve the Performance Guarantees and the foregoing testing procedure shall be repeated until Provisional Acceptance of such Production Line has been achieved in accordance with the manuals provided by the Contractor under this Section 5.4; and3.2.1.
(c) the Contractor shall provide such guidance as specified in the Scope of Work during the course of such Performance Tests.
18.4 When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System.
18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contract.
18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall:
(a) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test;
(b) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and The successful completion of the failed Performance Tests.
18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result shall not relieve Seller of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Workachieve Final Acceptance or its obligations arising under Article 7 hereof.
Appears in 1 contract
Performance Tests. 18.1 If (a) The Borrower shall not, without the prior written consent of the Administrative Agent (not to be unreasonably withheld or delayed) in consultation with the Independent Engineer, agree with the EPC Contractor on the protocol for Performance Tests. The Administrative Agent shall not be obligated to approve such protocols for Performance Tests unless all such Performance Tests are specified undertaken in all material respects in compliance with all Government Approvals as is or in the Scope of Work, this Article shall apply.
18.2 Performance Tests may be stipulated in the Scope of Work to be performed before, after, or both before and after Functional Completion and future shall be performed by that party specified in the Scope of Work.
18.3 Unless otherwise stipulated in the Scope of Work:
(a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests;Project under applicable Government Rules (except any such Government Rules and Government Approvals the non-compliance with which could not reasonably be expected to result in a Material Adverse Effect, with respect to the Project).
(b) The Administrative Agent and the Contractor shall carry out Independent Engineer have the right to witness and verify any Performance Tests in accordance with the manuals provided guidelines set forth in Exhibit C to the EPC Contract and Good Industry Practices. The Borrower shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test no less than fifteen (15) Business Days prior to any Performance Test and shall deliver a copy of the Test Procedures (as defined in the EPC Contract) to the Administrative Agent and the Independent Engineer within one (1) Business Day of receipt from the EPC Contractor. If, upon completion of any Performance Tests, the Borrower has decided to use such Performance Tests as the basis for the issuance of the Partial Taking-Over Certificate or the Final Taking-Over Certificate, it shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting the results of such Performance Test, accompanied by supporting data and calculations including a report that indicates the Contractor under Borrower’s preliminary opinions as to the results of the Performance Tests (each, a “Performance Test Report”) and the Independent Engineer will, upon a thorough review of such Performance Test Report, certify in writing to the Administrative Agent, within five (5) Business Days of the receipt of such Performance Test Report, the results of the Performance Tests and confirming that such Performance Tests were performed in accordance with the EPC Contract and Good Industry Practices or deliver a report to the Administrative Agent and the Borrower setting forth in reasonable detail any objections of the Independent Engineer to such Performance Test Report. If any such valid objections are made, then the Borrower shall be permitted to address such objections to the reasonable satisfaction of the Independent Engineer or conduct additional Performance Tests in accordance with this Section 5.4; and8.26.
(c) The Borrower shall permit the EPC Contractor shall provide such guidance as specified in the Scope of Work during the course of such Performance Tests.
18.4 When the Contractor considers that the Work, or any System, will pass the to complete Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System.
18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contract.
18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall:
sub-clauses (a) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test;
(b) redo or repair above, in order to achieve the Work or System, or part thereof, and repair any damage performance guarantee levels pursuant to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion Section 10.9 of the failed Performance TestsEPC Contract.
18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.
Appears in 1 contract
Performance Tests. 18.1 If Performance Tests are specified in the Scope of Work, this Article shall apply.
18.2 Performance Tests may be stipulated in the Scope of Work to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope of Work.
18.3 Unless otherwise stipulated in the Scope of Work:
(a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests;
(b) the Contractor The Operator shall carry out the Performance Tests in accordance with this Section 5.3 and the manuals provided by Specifications (Schedule 2). The Operator shall give to the Contractor under Section 5.4; andAuthority 7 days’ notice of the date on which the Operator will carry out the Performance Tests and invite the Authority [and the Engineer to attend]. The Performance Tests may proceed as scheduled irrespective of whether the Authority [or the Engineer] is attending.
(cb) As soon as the Contractor Facilities have passed the Performance Tests, the Operator shall provide such guidance as specified in the Scope Authority [and the Engineer] with a certified report of Work during the course results of all such Performance Tests.
18.4 When c) If the Contractor considers that the Work, or any System, will Facilities fail to pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System.
18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner Operator shall promptly give notice acknowledging and in any event within [14] days inform the success Authority of the action it proposes to take to ensure that it does pass them when retested and such failed Tests shall then be promptly repeated under the same to the Contractorterms and conditions. Such acknowledgement failed Tests shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work repeated in accordance with Article 19, this Section 5.3 until the Scope of Work or any other provision of this Contract.
18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall:
(a) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will Facilities pass the Performance Tests.
d) The Operator may apply by notice to [the Engineer on behalf of] the Authority for a Performance Certificate not earlier than 14 days after it has provided the certified report of the results of the Performance Tests to the Authority. The Authority [or the Engineer on behalf of the Authority] shall, within 14 days after the receipt of the Operator’s application:
i) issue the Performance Certificate to the Operator, stating the date on which the Facilities have passed the Performance Tests; providedor
ii) reject the application, however, giving its reasons for believing that the Owner’s review and approval of any such proposed alterations shall Facilities have not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes passed the Performance Test;
(b) redo or repair Tests and specifying the Work or System, or part thereof, and repair any damage work required to the Work or System caused be done by the same in failing Operator to meet enable the Performance Test, Certificate to make be issued. The Operator shall then complete such Work or System, or part thereof, ready for work before issuing a repeat and successful completion of the failed Performance Testsfurther notice under this Section.
18.7 To e) If the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or bothAuthority/Engineer, as the case may be, fails either to issue the Contractor for such Performance Tests Certificate or to reject the Operator’s application within the period of 14 days, and if the Facilities have passed the Performance Tests, the Performance Certificate shall be deemed to have been issued on the last day of that period and the Contractor shall proceed with its obligations relating to date of issue of the Performance Tests as set out in Certificate shall be deemed to be the Scope date of Workreceipt of the application.
Appears in 1 contract
Samples: Bot Agreement
Performance Tests. 18.1 If Performance Tests are specified in the Scope of Work, this Article shall apply.
18.2 Performance Tests may be stipulated in the Scope of Work to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope of Work.
18.3 Unless otherwise stipulated in the Scope of Work:
(a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for the Performance Tests;
(b) the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and
(c) the Contractor shall provide such guidance as specified in the Scope of Work during the course of such Performance Tests.
18.4 When the Contractor considers that the Work, or any System, will pass the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System.
18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contract.. EPC Contract
18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall:
(a) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test;
(b) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance Tests.
18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.
Appears in 1 contract
Performance Tests. 18.1 If Performance Tests are specified in (i) The Administrative Agent and the Scope of Work, this Article shall apply.
18.2 Performance Tests may be stipulated in Independent Engineer have the Scope of Work right to be performed before, after, or both before witness and after Functional Completion and shall be performed by that party specified in the Scope of Work.
18.3 Unless otherwise stipulated in the Scope of Work:
(a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for verify the Performance Tests;
. The Borrower shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test within twenty-four (b24) hours of the Borrower’s receipt of notice of such Performance Test from the Design-Build Contractor. If, upon completion of any Performance Tests, the Borrower believes that such Performance Tests have been satisfied, the Borrower shall so notify the Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting such conclusion, accompanied by supporting data and calculations, evidencing the Borrower’s belief that the Borrower and the Design-Build Contractor have satisfied their respective obligations with respect to such Performance Tests. If any such Performance Tests have been satisfactorily completed, the Borrower shall carry out deliver to the Administrative Agent a report that indicates the preliminary opinions as to the satisfactory achievement of the Performance Tests (each, a “Performance Test Report”), and the Independent Engineer will, upon a thorough review of such Performance Test Report, certify in writing to the Administrative Agent, within five (5) Business Days of the receipt of such Performance Test Report, the satisfactory achievement of the Performance Tests or deliver a report to the Administrative Agent and the Borrower setting forth in reasonable detail any objections of the Independent Engineer to such Performance Test Report. If any such valid objections are made, then the Borrower shall be permitted to address such objections to the reasonable satisfaction of the Independent Engineer or conduct additional Performance Tests in accordance with the manuals provided by the Contractor under this Section 5.4; and7.01(k).
(cii) The Borrower will not approve any performance testing plan under the Contractor shall provide such guidance as specified in Design-Build Agreement, approve the Scope results of Work during the course of such any Performance Tests.
18.4 When the Contractor considers Tests or declare that the Work, or any System, will pass Final Completion Date has occurred without the Performance Tests, the Contractor shall notify the Owner that the Contractor may perform the Performance Tests on, or to, the Work or a System.
18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success prior written consent of the same to Administrative Agent and the Contractor. Such acknowledgement shall Independent Engineer, which consent will not be deemed to be an acceptance by Owner of the Work unreasonably withheld, conditioned or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contractdelayed.
18.6 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall:
(a) prepare a report to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test;
(b) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance Tests.
18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.
Appears in 1 contract
Performance Tests. 18.1 If When the Turbine Generator Units have achieved Mechanical Completion and are capable of safe operation in accordance with Applicable Laws and Permits, the Operating Manual and Applicable Codes and Standards, Buyer shall perform the Performance Tests are on each individual Turbine Generator Unit, as specified in the Scope Approved Test Procedures in Appendix G. Buyer shall provide to Seller at least ten (10) days prior written notice of Work, this Article shall applythe date on which Buyer intends to commence each of the Performance Tests.
18.2 Buyer shall have the right to suspend or delay any Performance Tests may Test if performance of such test would not be stipulated in compliance with Applicable Laws and Permits, the Scope of Work to be performed beforeOperating Manual, after, or both before Applicable Codes and after Functional Completion and shall be performed by that party specified in the Scope of WorkStandards.
18.3 Unless otherwise stipulated All Performance Tests on each individual Turbine Generator Unit shall be conducted and results calculated in the Scope of Work:
(a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water accordance with Approved Test Procedures for the Performance Tests;
(b) , including any adjustments to reflect deviations from Guarantee Conditions, to be calculated as set forth in the Contractor Approved Test Procedures and verified by Parties. The Performance Tests shall carry out be based on the American Society of Mechanical Engineer's Power Test Code 22, 1997, as amended by mutual consent of the Parties. Seller's degradation curve attached hereto and made a part hereof within Appendix A shall apply if the Performance Tests are conducted or completed after 100 hours of fired operation of any individual Turbine Generator Unit. Notwithstanding GEK-28106A VI. Evaluation, located in Appendix A, Tab17, the performance tolerances of a single unit station instrumentation test for measurement of the Performance Guarantees shall be in general accordance with the manuals provided American Society of Mechanical Engineer's Power Test Code 22, 1997, as amended by mutual consent of the Contractor under Section 5.4; and
(c) the Contractor shall provide such guidance as specified in the Scope of Work during the course of such Performance TestsParties.
18.4 When Seller may designate and make available qualified and authorized representatives to observe the Contractor considers that Performance Tests to monitor the Worktaking of measurements to determine the level of achievement of the Performance Guarantees. Buyer shall keep Seller's representatives continuously apprised of the specific schedule, or and any Systemchanges thereto, will pass for the commencement, and any re-performances, of the Performance Tests, . Buyer shall provide to Seller a written report of the Contractor shall notify the Owner results of each Performance Test that the Contractor may perform the Performance Tests on, or to, the Work or a Systemis conducted.
18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work testing demonstrates that any individual Turbine Generator Unit's corrected performance levels (adjusted for actual operating conditions in accordance with Article 19, the Scope of Work or any other provision of this Contract.
18.6 If the Work or a System, or part thereof, fails one or more of 19.1 and calculated measurement uncertainties in accordance with 18.3) do not achieve the Performance TestsGuarantees, then the Contractor shall:
(a) prepare Seller shall submit to Buyer a report written plan to the Owner, for the Owner’s approval, proposing the alterations the Contractor will make to the Work or System, or part thereof, to bring the Work or System to a condition which the Contractor considers will pass achieve the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation Guarantees pursuant to bring the Work or System to a condition which actually passes the Performance Test;
(b) redo or repair the Work or System, or part thereof, and repair any damage to the Work or System caused by the same in failing to meet the Performance Test, to make such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance TestsSection 23.
18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.
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Performance Tests. 18.1 If Performance Tests are specified in (i) The Administrative Agent, the Scope of Work, this Article shall apply.
18.2 Performance Tests may be stipulated in Lenders and the Scope of Work Independent Engineer have the right to be performed before, after, or both before witness and after Functional Completion and shall be performed by that party specified in the Scope of Work.
18.3 Unless otherwise stipulated in the Scope of Work:
(a) the Owner shall provide the necessary labor, materials, electricity, fuel, heat, chemicals, disposal of fluids and materials and water for verify the Performance Tests;
. The Borrowers shall give the Administrative Agent and the Independent Engineer notice regarding each proposed Performance Test within twenty-four (b24) the Contractor shall carry out the Performance Tests in accordance with the manuals provided by the Contractor under Section 5.4; and
(c) the Contractor shall provide such guidance as specified in the Scope hours of Work during the course any Borrower’s receipt of notice of such Performance Tests.
18.4 When Test from the Contractor considers that the WorkDesign Builder. If, or upon completion of any System, will pass the Performance Tests, the Contractor Borrowers are of the belief that such Performance Tests have been satisfied, they shall so notify the Owner Administrative Agent and the Independent Engineer and shall deliver a copy of all test results supporting such conclusion, accompanied by supporting data and calculations, evidencing the Borrowers’ belief that the Contractor may perform Borrowers and the Design Builder have satisfied their respective obligations with respect to such Performance Tests. If any such Performance Tests have been satisfactorily completed, the Borrowers shall deliver to the Administrative Agent a report that indicates the preliminary opinions as to the satisfactory achievement of the Performance Tests on(each a “Performance Test Report”) and the Independent Engineer will, or toupon a thorough review of such Performance Test Report, certify in writing to the Administrative Agent, within five (5) Business Days of the receipt of such Performance Test Report, the Work or a System.
18.5 If the Work or a System, or part thereof, passes one or more Performance Tests, the Owner shall promptly give notice acknowledging the success of the same to the Contractor. Such acknowledgement shall not be deemed to be an acceptance by Owner of the Work or System, or limit or relieve the Contractor of its obligation to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of Work or any other provision of this Contract.
18.6 If the Work or a System, or part thereof, fails one or more satisfactory achievement of the Performance Tests, then the Contractor shall:
(a) prepare Tests or deliver a report to the OwnerAdministrative Agent and the Borrowers’ Agent setting forth in reasonable detail any objections of the Independent Engineer to such Performance Test Report.
(ii) The Borrowers will not approve any performance testing plan under any Design Build Contract, for approve the Owner’s approvalresults of any Performance Tests or declare Substantial Completion or Final Completion of any Plant without the prior written consent of the Required Lenders, proposing in consultation with the alterations Independent Engineer.
(iii) Immediately upon receipt (but no more than one (1) Business Day after receipt thereof from the Contractor will make Design Builder), the Borrowers shall provide notice to the Work or System, or part thereof, Administrative Agent and the Independent Engineer if the Design Builder seeks to bring use a subcontractor not listed on Exhibit L to the relevant Design Build Contract to perform any portion of the Work (as defined in such Design Build Contract) in excess of five hundred thousand Dollars ($500,000). If, within two (2) Business Days thereafter, the Administrative Agent or System to a condition which the Contractor considers will pass the Performance Tests; provided, however, that the Owner’s review and approval of any such proposed alterations shall not limit or relieve the Contractor of its obligation to bring the Work or System to a condition which actually passes the Performance Test;
(b) redo or repair the Work or System, or part thereof, and repair any damage Independent Engineer object to the Work or System caused by use of such subcontractor, then the same Borrowers shall reject such subcontractor in failing to meet the Performance Test, to make accordance with Section 3.5.1 of such Work or System, or part thereof, ready for a repeat and successful completion of the failed Performance TestsDesign Build Contract.
18.7 To the extent the Work or a System, or part thereof, fails to pass one or more Performance Tests solely as a result of actions or omissions by the Owner, the Owner shall promptly issue a Change Order providing a Change in the Contract Time or the Compensation, or both, as the case may be, to the Contractor for such Performance Tests and the Contractor shall proceed with its obligations relating to the Performance Tests as set out in the Scope of Work.
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