Common use of Testing Disputes Clause in Contracts

Testing Disputes. The Engineer shall certify all test results arising out of or in connection with Commissioning and determination of the Initial Dependable Capacity pursuant to this Section 7.1.2 and Schedule 3. (a) If either Party disagrees with the certification made by the Engineer or the certification of the Testing and Commissioning Committee, as the case may be, pursuant to this Section 7, such Party may refer the matter as a Dispute to an Expert and the provisions of Section 19 shall apply, provided that all payments due between the Parties which became due following such certification shall be paid by the paying Party as they fall due (as if there were no such Dispute) notwithstanding the referral of such Dispute to the Expert and the provisions of Section 13.2(i) shall apply. (b) In the event of a Dispute (other than those falling within Section 7.6(a) above) relating to the testing and Commissioning provisions set out in this Section 7 or Schedule 3 (or both), the Expert shall be the Engineer and the relevant provisions of Section 19 shall apply and the decision of the Engineer (acting as the Expert) made in accordance with Section 19 shall, in the absence of manifest error, be final and binding on the Parties.

Testing Disputes. The Engineer shall certify all test results arising out of or in connection with Commissioning and determination of the Initial Dependable Capacity pursuant to this Section 7.1.2 and Schedule 3. (a) If either Party disagrees with the certification made by the Engineer or the certification of the Testing and Commissioning Committee, as the case may be, pursuant to this Section 7, such Party may refer the matter as a Dispute to an Expert and the provisions of Section 19 shall apply, provided that all payments due between the Parties which became due following such certification shall be paid by the paying Party as they fall due (as if there were no such Dispute) notwithstanding the referral of such Dispute to the Expert and the provisions of Section 13.2(i) shall apply. (b) In the event of a Dispute (other than those falling within Section 7.6(a) above) relating to the testing and Commissioning provisions set out in this Section 7 or Schedule 3 (or both), the Expert shall be an engineer mutually selected by the parties other than the Engineer and the relevant provisions of Section 19 shall apply and the decision of the Engineer (acting as the Expert) made in accordance with Section 19 shall, in the absence of manifest error, be final and binding on the Parties.