Testing of the Complex Prior to Commercial Operations Date. (a) The Company shall provide the Power Purchaser and NTDC on an on-going basis with relevant information regarding its programme for testing the Complex and the Schedule therefor. Not less than thirty (30) Days prior to the commencement of such test programme, the Company will deliver to the Power Purchaser and NTDC in writing the final programme for testing the Complex, including the expected duration of the Company's start-up testing programme and a tentative schedule for conducting all tests required under Sections 8.2 and 8.3. The Company shall advise the Power Purchaser and NTDC in writing of any changes in its final schedule for the testing programme not less than seven (7) Days prior to the commencement of the tests required under Section 8.2. Such final schedule shall not materially increase or advance the timing of the Power Purchaser’s and NTDC's obligations under this Agreement without the prior written consent of the Power Purchaser and NTDC. If the schedule for any test required under Section 8.2 or 8.3 is adjusted after the Company has provided the Power Purchaser and NTDC with the final testing programme schedule, then the Company shall advise the Power Purchaser and NTDC not less than forty-eight (48) hours prior to the commencement of any such test. On each Day beginning with the Day on which testing commences, the Company shall provide the Power Purchaser and NTDC with a schedule of the tests to be conducted on the following Day or Days (if such test will continue for more than one (1) Day). All testing of the Complex shall satisfy the commissioning and test criteria provided in Schedule 7.
(b) If NTDC is unable to accommodate the schedule for such test or tests as provided by the Company in the final schedule for the programme of tests pursuant to Section 8.1(a), NTDC will give the Company notice within forty eight (48) hours of its receipt of the final schedule for testing of its requirements regarding deferral or delay of any Commissioning Tests for the Complex and the Company and NTDC will mutually agree on a date for any deferral test or programme of tests; provided, however, that should NTDC defer or delay any Commissioning Tests beyond fifteen (15) Days from the date on which the tests were finally scheduled in accordance with Section 8.1 and such deferral causes the Scheduled Commercial Operations Date of the Complex, as certified by the Engineer under Section 8.3, to be delayed or deferred, then NTDC shall be liable to the Compa...
Testing of the Complex Prior to Commercial Operations Date. (a) The Contractor shall provide the Employer on an on-going basis with relevant information regarding its programme for testing the Complex and the schedule therefor. Not less than forty-five (45) days prior to the commencement of such test programme, the Contractor will d eliver to the E mployer in writing the f inal pr ogramme f or te sting the C omplex, including t he e xpected du ration of the C ontractor’s start-up t esting pr ogramme a nd a tentative schedule for conducting all tests required by Sections 9.2 and 9.3. The Contractor shall advise the Employer in writing of any changes in its final schedule for the testing programme not less than ten (10) days prior to the commencement of the tests required by Section 9.2. Such final schedule shall not materially increase or advance the timing of the Power P urchaser’s ob ligations unde r the P PA w ithout t he pr ior w xxxxxx c onsent of t he Employer. If the schedule for any test required by Section 9.2 or 9.3 is adjusted after the Contractor has provided the Employer with the final testing programme schedule, then the Contractor shall a dvise the E mployer not l ess t han seventy-two ( 72) hours prior t o t he commencement of any such test. On each day beginning with the day on w hich testing commences, the Contractor shall provide the Employer with a schedule of the tests to be conducted on the following day or days (if such test will continue for more than one (1) day). All testing of the Complex shall satisfy the commissioning and test criteria provided in The Commissioning and Testing Schedule.
(b) If the Employer is unable to accommodate the schedule for such test or tests as provided by the Contractor in the final schedule for the programme of tests pursuant to Section 9.1(a), the Employer will give the Contractor notice within seventy-two (72) hours of its receipt of the f inal s chedule f or t esting of i ts r equirements r egarding xx xxxxxx or d elay of a ny Commissioning Tests for the Complex and the Parties will mutually agree on a date for any deferral test or programme of tests; provided, however, that should the Employer defer or delay any Commissioning Tests beyond fifteen (15) days from the date on which the tests were f inally sche duled in accord ance w ith Section 9.1 and s uch de xxxxxx x xxxxx t he Scheduled Commercial O perations D ate of the C omplex, as c ertified by t he E ngineer under S ection 9.3, t o be delayed or de ferred, t hen the C ontractor m ay be e ntitled t o d...
