Start-Up, Commissioning & Supplier Commissioning Work; Access Days Sample Clauses

Start-Up, Commissioning & Supplier Commissioning Work; Access Days. (a) After the Mechanical Completion Date, Owner’s operating personnel shall, under the EPC Contractor’s observation, direction and supervision (along with the technical advice of Supplier), commence the initial operation of the Facility (i.e., the start-up and commissioning of the Facility), and shall, under the EPC Contractor’s observation, direction and supervision (along with the technical advice of Supplier), continue with such operation during the performance of the Performance Test. (b) Supplier shall properly complete the Supplier Commissioning Work within the Access Period. Supplier acknowledges, understands and agrees that the EPC Contractor will be performing those services and activities referenced in Section 5.2(a) at the same time that Supplier will be performing the Supplier Commissioning Work and Supplier shall account for such simultaneous activities in its planning for the performance of the Supplier Commissioning Work. Notwithstanding the foregoing, in the event Supplier is unable to perform the Supplier Commissioning Work on any portion of any Access Day solely by reason of interference caused by the EPC Contractor’s start-up and commissioning of any part of the Facility, including but not limited to steam chemistry cleanup, outages for screen removal, screen cleaning and water wash, testing and setting of relief and safety valves, balance of plant and Facility-wide functional testing, performance testing and reliability testing, then if such inability would invalidate or materially reduce the efficacy of the Supplier Commissioning Work otherwise performed on such Access Day, then such day shall not count as an Access Day (or, if such inability does not invalidate or materially reduce the efficacy of the Supplier Commissioning Work otherwise performed on such Access Day, then only the portion of such day to which the interference relates shall not be credited as an Access Day and Supplier shall be entitled to use such portion on another day within the Access Period) (but only if Supplier notifies Owner in writing of any such interference within twenty-four (24) hours of such occurrence and Owner, acting reasonably, concurs with Supplier’s claim). (c) During the Access Period, Owner shall ensure the following to the extent necessary for Supplier to perform the Supplier Commissioning Work: (i) The continuous availability of all fuels, lubricants, operating supplies and electrical backfeed; (ii) Owner’s operating personnel (provided Supplie...
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