Common use of TESTING AND COMMISSIONING Clause in Contracts

TESTING AND COMMISSIONING. (i) Upon completion of construction of the Facilities and the restoration of the Associated Infrastructure in accordance with the requirements set out in this Agreement, the Concessionaire shall issue a notice to the Jal Xxxxx, with a copy to NMCG, requiring it to be present at the Site on the date specified in such notice to undertake a final inspection of the completed Facilities and Associated Infrastructure and conduct any tests required to ensure that the Facilities and the Associated Infrastructure comply with the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits. (ii) Within 5 days from the date of receipt of a notice under Clause 7.13(b)(i) above, the Jal Nigammay request the Concessionaire to vary the date of the final inspection and tests and the Concessionaire shall accommodate such request, provided that, such date shall be no later than 7 days from the date specified in the notice received from the Concessionaire under Clause 7.13(b)(i) above. (iii) The Concessionaire shall, on the date specified in the notice issued under Clause 7.13(b)(i) or on such other date as may be agreed with the Jal Xxxxx, carry out the tests in accordance with the instructions and under the supervision of the Jal Xxxxx, to demonstrate that the Facilities and the Associated Infrastructure comply with the requirements of Clause 7.6. (iv) If the Jal Xxxxx is not satisfied with the results of the tests or inspection, then the Concessionaire shall remedy any defects or deficiencies in the Facilities and/or the Associated Infrastructure, identified by the Jal Xxxxx or revealed through the tests and the Facilities and the Associated Infrastructure shall be tested again upon rectification of such defects or deficiencies. This process shall be repeated until such time that the Jal Xxxxx is satisfied that the Facilities and the Associated Infrastructure have been completed in accordance with Clause 7.6 and are safe and fit for purpose. The Concessionaire shall bear all costs of remedying the defects and deficiencies and retesting the Facilities and/or the Associated Infrastructure and shall not be entitled to any extension of time for remedying such defects or deficiencies or for retesting the Facilities and/or the Associated Infrastructure. (v) If the Jal Xxxxx is satisfied with the results of the tests and inspection of the Facilities and the Associated Infrastructure, the Jal Xxxxx shall issue the Milestone Completion Certificate in respect of the last Payment Milestone to the Concessionaire, with a copy to NMCG, within 7 days from the date of inspection and testing of the completed Facilities and Associated Infrastructure. The issue of the Milestone Completion Certificate for the last Payment Milestone shall certify that the Facilities and the Associated Infrastructure have been completed in accordance with this Agreement, the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits and the Facilities and the Associated Infrastructure are safe and fit for purpose. (vi) If the Jal Xxxxx fails to: (A) inspect or witness the testing of the Facilities and the Associated Infrastructure on the date specified in the notice issued under Clause 7.13(b)(i) or such other date as may be agreed with the Concessionaire; or (B) notify the Concessionaire of any defects or deficiencies in the Facilities or the Associated Infrastructure within 7 days from the date of inspection and testing of the Facilities and the Associated Infrastructure; or (C) issue the Milestone Completion Certificate for the last Payment Milestone within 7 days from the date of inspection and testing of the Facilities and the Associated Infrastructure, then, such delay shall be treated as a Delay Event, which will entitle the Concessionaire to a day for day extension in the Scheduled Payment Milestone Completion Date and the Scheduled Construction Completion Date.

Appears in 1 contract

Samples: Concession Agreement

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TESTING AND COMMISSIONING. (i) Upon completion of construction of the Facilities and the restoration of the Associated Infrastructure each STP Facility, in accordance with the requirements set out in this Concession Agreement, the Concessionaire shall issue a notice to the Jal XxxxxBUIDCO, with a copy to NMCG, requiring it to be present at the STP Site on the date specified in such notice to undertake a final inspection of the completed Facilities and Associated Infrastructure STP Facility and conduct any tests required to ensure that the Facilities and the Associated Infrastructure comply STP Facility complies with the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits. (ii) Within 5 days from the date of receipt of a notice under Clause 7.13(b)(i) above, the Jal Nigammay BUIDCO may request the Concessionaire to vary the date of the final inspection and tests and the Concessionaire shall accommodate such request, provided that, such date shall be no later than 7 days from the date specified in the notice received from the Concessionaire under Clause 7.13(b)(i) above. (iii) The Concessionaire shall, on the date specified in the notice issued under Clause 7.13(b)(i) or on such other date as may be agreed with the Jal XxxxxBUIDCO, carry out the tests in accordance with the instructions and under the supervision of the Jal XxxxxBUIDCO, to demonstrate that the Facilities and the Associated Infrastructure comply STP Facility complies with the requirements of Clause 7.6. (iv) If the Jal Xxxxx BUIDCO is not satisfied with the results of the tests or inspection, then the Concessionaire shall remedy any defects or deficiencies in the Facilities and/or the Associated InfrastructureSTP Facility, identified by the Jal Xxxxx BUIDCO or revealed through the tests and the Facilities and the Associated Infrastructure STP Facility shall be tested again upon rectification of such defects or deficiencies. This process shall be repeated until such time that the Jal Xxxxx BUIDCO is satisfied that the Facilities and the Associated Infrastructure have STP Facility has been completed in accordance with Clause 7.6 and are is safe and fit for purpose. The Concessionaire shall bear all costs of remedying the defects and deficiencies and retesting the Facilities and/or the Associated Infrastructure STP Facility and shall not be entitled to any extension of time for remedying such defects or deficiencies or for retesting the Facilities and/or the Associated InfrastructureSTP Facility. (v) If the Jal Xxxxx BUIDCO is satisfied with the results of the tests and inspection of the Facilities and the Associated InfrastructureSTP Facility, the Jal Xxxxx BUIDCO shall issue the STP Milestone Completion Certificate in respect of the last STP Payment Milestone to the Concessionaire, with a copy to NMCG, within 7 days from the date of inspection and testing of the completed Facilities and Associated InfrastructureSTP Facility. The issue of the STP Milestone Completion Certificate for the last STP Payment Milestone shall certify that the Facilities and the Associated Infrastructure have STP Facility has been completed in accordance with this Concession Agreement, the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits and the Facilities and the Associated Infrastructure are STP Facility is safe and fit for purpose. (vi) If the Jal Xxxxx BUIDCO fails to: (A) inspect or witness the testing of the Facilities and the Associated Infrastructure STP Facility on the date specified in the notice issued under Clause 7.13(b)(i) or such other date as may be agreed with the Concessionaire; or; (B) notify the Concessionaire of any defects or deficiencies in the Facilities or the Associated Infrastructure STP Facility within 7 days from the date of inspection and testing of the Facilities and the Associated InfrastructureSTP Facility; or (C) issue the STP Milestone Completion Certificate for the last STP Payment Milestone within 7 days from the date of inspection and testing of the Facilities and the Associated InfrastructureSTP Facility, then, such delay shall be treated as a Delay Event, which will entitle the Concessionaire to a day for day extension in the Scheduled STP Payment Milestone Completion Date and the Scheduled STP Construction Completion Date.

Appears in 1 contract

Samples: Concession Agreement

TESTING AND COMMISSIONING. (i) Upon completion of construction of the Facilities and the restoration of the Associated Infrastructure each Facility, in accordance with the requirements set out in this Agreement, the Concessionaire shall issue a notice to the Jal Xxxxx, with a copy to NMCG, requiring it to be present at the Site on the date specified in such notice to undertake a final inspection of the completed Facilities and Associated Infrastructure Facility and conduct any tests required to ensure that the Facilities and the Associated Infrastructure comply Facility complies with the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits. (ii) Within 5 days from the date of receipt of a notice under Clause 7.13(b)(i) above, the Jal Nigammay Xxxxx may request the Concessionaire to vary the date of the final inspection and tests and the Concessionaire shall accommodate such request, provided that, such date shall be no later than 7 days from the date specified in the notice received from the Concessionaire under Clause 7.13(b)(i) above. (iii) The Concessionaire shall, on the date specified in the notice issued under Clause 7.13(b)(i) or on such other date as may be agreed with the Jal Xxxxx, carry out the tests in accordance with the instructions and under the supervision of the Jal Xxxxx, to demonstrate that the Facilities and the Associated Infrastructure comply Facility complies with the requirements of Clause 7.6. (iv) If the Jal Xxxxx is not satisfied with the results of the tests or inspection, then the Concessionaire shall remedy any defects or deficiencies in the Facilities and/or the Associated InfrastructureFacility, identified by the Jal Xxxxx or revealed through the tests and the Facilities and the Associated Infrastructure Facility shall be tested again upon rectification of such defects or deficiencies. This process shall be repeated until such time that the Jal Xxxxx is satisfied that the Facilities and the Associated Infrastructure have Facility has been completed in accordance with Clause 7.6 and are is safe and fit for purpose. The Concessionaire shall bear all costs of remedying the defects and deficiencies and retesting the Facilities and/or the Associated Infrastructure Facility and shall not be entitled to any extension of time for remedying such defects or deficiencies or for retesting the Facilities and/or the Associated InfrastructureFacility. (v) If the Jal Xxxxx is satisfied with the results of the tests and inspection of the Facilities and the Associated InfrastructureFacility, the Jal Xxxxx shall issue the Milestone Completion Certificate in respect of the last Payment Milestone to the Concessionaire, with a copy to NMCG, within 7 days from the date of inspection and testing of the completed Facilities and Associated InfrastructureFacility. The issue of the Milestone Completion Certificate for the last Payment Milestone shall certify that the Facilities and the Associated Infrastructure have Facility has been completed in accordance with this Agreement, the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits and the Facilities and the Associated Infrastructure are Facility is safe and fit for purpose. (vi) If the Jal Xxxxx fails to: (A) inspect or witness the testing of the Facilities and the Associated Infrastructure Facility on the date specified in the notice issued under Clause 7.13(b)(i) or such other date as may be agreed with the Concessionaire; or; (B) notify the Concessionaire of any defects or deficiencies in the Facilities or the Associated Infrastructure Facility within 7 days from the date of inspection and testing of the Facilities and the Associated InfrastructureFacility; or (C) issue the Milestone Completion Certificate for the last Payment Milestone within 7 days from the date of inspection and testing of the Facilities and the Associated InfrastructureFacility, then, such delay shall be treated as a Delay Event, which will entitle the Concessionaire to a day for day extension in the Scheduled Payment Milestone Completion Date and the Scheduled Construction Completion Date.

Appears in 1 contract

Samples: Concession Agreement

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TESTING AND COMMISSIONING. (i) Upon completion of construction of the Facilities and the restoration of the Associated Infrastructure each Facility, in accordance with the requirements set out in this Agreement, the Concessionaire shall issue a notice to the Jal XxxxxExecutive Agency, with a copy to NMCG, requiring it to be present at the Site on the date specified in such notice to undertake a final inspection of the completed Facilities and Associated Infrastructure Facility and conduct any tests required to ensure that the Facilities and the Associated Infrastructure comply Facility complies with the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits. (ii) Within 5 days from the date of receipt of a notice under Clause 7.13(b)(i) above, the Jal Nigammay Executive Agency may request the Concessionaire to vary the date of the final inspection and tests and the Concessionaire shall accommodate such request, provided that, such date shall be no later than 7 days from the date specified in the notice received from the Concessionaire under Clause 7.13(b)(i) above. (iii) The Concessionaire shall, on the date specified in the notice issued under Clause 7.13(b)(i) or on such other date as may be agreed with the Jal XxxxxExecutive Agency, carry out the tests in accordance with the instructions and under the supervision of the Jal XxxxxExecutive Agency, to demonstrate that the Facilities and the Associated Infrastructure comply Facility complies with the requirements of Clause 7.6. (iv) If the Jal Xxxxx Executive Agency is not satisfied with the results of the tests or inspection, then the Concessionaire shall remedy any defects or deficiencies in the Facilities and/or the Associated InfrastructureFacility, identified by the Jal Xxxxx Executive Agency or revealed through the tests and the Facilities and the Associated Infrastructure Facility shall be tested again upon rectification of such defects or deficiencies. This process shall be repeated until such time that the Jal Xxxxx Executive Agency is satisfied that the Facilities and the Associated Infrastructure have Facility has been completed in accordance with Clause 7.6 and are is safe and fit for purpose. The Concessionaire shall bear all costs of remedying the defects and deficiencies and retesting the Facilities and/or the Associated Infrastructure Facility and shall not be entitled to any extension of time for remedying such defects or deficiencies or for retesting the Facilities and/or the Associated InfrastructureFacility. (v) If the Jal Xxxxx Executive Agency is satisfied with the results of the tests and inspection of the Facilities and the Associated InfrastructureFacility, the Jal Xxxxx Executive Agency shall issue the Milestone Completion Certificate in respect of the last Payment Milestone to the Concessionaire, with a copy to NMCG, within 7 days from the date of inspection and testing of the completed Facilities and Associated InfrastructureFacility. The issue of the Milestone Completion Certificate for the last Payment Milestone shall certify that the Facilities and the Associated Infrastructure have Facility has been completed in accordance with this Agreement, the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits and the Facilities and the Associated Infrastructure are Facility is safe and fit for purpose. (vi) If the Jal Xxxxx Executive Agency fails to: (A) inspect or witness the testing of the Facilities and the Associated Infrastructure Facility on the date specified in the notice issued under Clause 7.13(b)(i) or such other date as may be agreed with the Concessionaire; or; (B) notify the Concessionaire of any defects or deficiencies in the Facilities or the Associated Infrastructure Facility within 7 days from the date of inspection and testing of the Facilities and the Associated InfrastructureFacility; or (C) issue the Milestone Completion Certificate for the last Payment Milestone within 7 days from the date of inspection and testing of the Facilities and the Associated InfrastructureFacility, then, such delay shall be treated as a Delay Event, which will entitle the Concessionaire to a day for day extension in the Scheduled Payment Milestone Completion Date and the Scheduled Construction Completion Date.

Appears in 1 contract

Samples: Concession Agreement

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