Common use of Performance Tests Clause in Contracts

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.

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. 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 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.

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.

Performance Tests. ‌ 18.1 If Performance Tests are specified in the Scope of WorkOwner’s Requirements, this Article shall apply. 18.2 Performance Tests may be stipulated in the Scope of Work Owner’s Requirements to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope of WorkOwner’s Requirements. 18.3 Where the Owner’s Requirements stipulate that one or more of the Performance Tests shall be performed after Functional Completion, the Owner shall pay the Contractor for the Work, in accordance with this Contract, upon Functional Completion, and may, as stipulated in the Owner’s Requirements, hold back security until the Work passes the Performance Tests. 18.4 Unless otherwise stipulated in the Scope of WorkOwner’s Requirements: (a) the Owner shall provide the necessary laborlabour, 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 Owner’s Requirements during the course of such Performance Tests. 18.4 18.5 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 18.6 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 . 18.7 If the Work or a System or part thereof, fails to meet one or more Performance Tests, the Owner shall not be deemed promptly provide a notice of such failure to be an acceptance by the Contractor and the Owner of the may: (a) reject such Work or System, or limit or relieve the Contractor of its obligation part thereof, which has failed to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of pass a (b) conditionally accept such Work or any other provision of this Contract. EPC ContractSystem, or part thereof, on conditions which shall be stated in the notice to the Contractor. 18.6 18.8 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall: (a) reimburse the Owner for all the Owner’s direct costs in performing such failed (b) 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; (bc) 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 18.9 If 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 Owner’s Requirements. 18.10 If any revenue is generated from any of Workthe Performance Tests, such revenue shall be to the account of the Owner.

Performance Tests. 18.1 If Performance Tests are specified in the Scope of WorkOwner’s Requirements, this Article shall apply. 18.2 . Performance Tests may be stipulated in the Scope of Work Owner’s Requirements to be performed before, after, or both before and after Functional Completion and shall be performed by that party specified in the Scope Owner’s Requirements. Where the Owner’s Requirements stipulate that one or more of the Performance Tests shall be performed after Functional Completion, the Owner shall pay the Contractor for the Work. 18.3 , in accordance with this Contract, upon Functional Completion, and may, as stipulated in the Owner’s Requirements, hold back security until the Work passes the Performance Tests. Unless otherwise stipulated in the Scope of Work: (a) Owner’s Requirements: the Owner shall provide the necessary laborlabour, 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) and the Contractor shall provide such guidance as specified in the Scope of Work Owner’s Requirements 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 If the Work or a System or part thereof, fails to meet one or more Performance Tests, the Owner shall not be deemed promptly provide a notice of such failure to be an acceptance by the Contractor and the Owner of the may: reject such Work or System, or limit part thereof, which has failed to pass a Performance Test; 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 conditionally accept such Work or any other provision of this ContractSystem, or part thereof, on conditions which shall be stated in the notice to the Contractor. 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) : reimburse the Owner for all the Owner’s direct costs in performing such failed Performance Tests; 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 . If 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 Owner’s Requirements. If any revenue is generated from any of Workthe Performance Tests, such revenue shall be to the account of the Owner.

Performance Tests. 18.1 19.1 If Performance Tests are specified in the Scope of WorkOwner’s Requirements, this Article shall apply. 18.2 19.2 Performance Tests may be stipulated in the Scope of Work Owner’s Requirements to be performed before, after, or both before and after Functional Completion or Substantial Completion and shall be performed by that party specified in the Scope of WorkOwner’s Requirements. 18.3 19.3 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) Owner’s Requirements 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 TestsTest Plan. 18.4 19.4 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 19.5 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 . 19.6 If the Work or a System or part thereof, fails to meet one or more Performance Tests, the Owner shall not be deemed promptly provide a notice of such failure to be an acceptance by the Contractor and the Owner of the may: (a) reject such Work or System, or limit or relieve the Contractor of its obligation part thereof, which has failed to achieve Functional Completion of the entirety of the Work in accordance with Article 19, the Scope of pass a Performance Test; or (b) conditionally accept such Work or any other provision of this Contract. EPC ContractSystem, or part thereof, on conditions which shall be stated in the notice to the Contractor. 18.6 19.7 If the Work or a System, or part thereof, fails one or more of the Performance Tests, then the Contractor shall: (a) reimburse the Owner for all the Owner’s direct costs in performing such failed (b) 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; (bc) 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 19.8 If 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 Owner’s Requirements. 19.9 If any revenue is generated from any of Workthe Performance Tests, such revenue shall be to the account of the Owner.