Common use of Testing Procedure; Provisional Acceptance Clause in Contracts

Testing Procedure; Provisional Acceptance. (a) The Company shall carry out the testing and commissioning of the Facilities at its cost in accordance with Schedule 13 (Testing and Commissioning). The Company shall give the Agency and the Independent Verifier not less than thirty (30) Days prior written notice before commencing any testing and commissioning of the Facilities. (b) Within five (5) Business Days of the Company carrying out the testing and commissioning, the Independent Verifier shall be required to determine whether the testing has been done in accordance with the relevant testing and commissioning procedures and whether or not the Facilities have satisfied the applicable commissioning and acceptance standards provided in Schedule 13 (Testing and Commissioning). The determination made by the Independent Verifier shall be final and binding on the Parties, except in case of fraud or manifest error. (c) If the Independent Verifier certifies that the Facilities fully meet the commissioning and acceptance standards, the Agency shall issue a provisional acceptance certificate in favor the Company within five (5) Business Days from the receipt of such certification. (d) If the Independent Verifier certifies that the Facilities do not fully meet the commissioning and acceptance standards, it shall issue a report to the Parties detailing the reasons why the Facilities do not comply with the commissioning and acceptance standards and specifying the actions that the Company must take to meet such standards. Notwithstanding the assessment made by the Independent Verifier, the Company shall be solely responsible for the engineering or construction soundness, safety, or reliability of the Facilities. (e) The Company shall immediately take the remedial actions necessary to ensure that the Facilities meet the commissioning and acceptance standards taking into account the report of the Independent Verifier, and shall notify the Agency and the Independent Verifier when they have been carried out. As soon as reasonably practicable, the Company shall conduct further testing and commissioning until a provisional acceptance certificate has been issued. (f) If the Company fails to satisfactorily take remedial actions as specified in the report, the Agency shall be entitled, upon reasonable notice to the Company, to take the necessary remedial actions. The Agency shall be entitled to require the Company to promptly reimburse the reasonable costs, or to enforce the Performance Security. (g) If the Company fails to obtain a provisional acceptance certificate on or before the Required Provisional Operations Start Date, such failure shall constitute a Delay and a Company Event of Default.

Testing Procedure; Provisional Acceptance. (a) The Company shall shall, at its cost, carry out the testing and commissioning of the New ICT Services and Facilities at its cost in phases in accordance with Schedule 13 C (Testing and Commissioning). The Company shall give the Agency and the Independent Verifier not less than thirty (30) Days Days’ prior written notice before commencing any testing and commissioning of the Facilitiesa phase. (b) Within five (5) Business Days of the Company carrying out the testing and commissioning, the Independent Verifier shall be required to determine whether the testing has been done in accordance with the relevant testing and commissioning procedures and whether or not that phase or portion of the New ICT Services and Facilities have has satisfied the applicable commissioning and acceptance standards provided in Schedule 13 C (Testing and Commissioning). The determination made by the Independent Verifier shall be final and binding on the Parties, except in case of fraud or manifest error. (c) If the Independent Verifier certifies that the phase or portion of the New ICT Services and Facilities fully meet the commissioning and acceptance standards, the Agency shall issue a provisional acceptance certificate CAIF in favor the Company for that phase within five (5) Business Days from the receipt of such certification. (d) If the Independent Verifier certifies that the phase or portion of the New ICT Services and Facilities do not fully meet the commissioning and acceptance standards, it shall issue a report to the Parties detailing the reasons why such phase or portion of the New ICT Services and Facilities do not comply with the commissioning and acceptance standards and specifying the actions that the Company must take to meet such standards. Notwithstanding the assessment made by the Independent Verifier, the Company shall be solely responsible for the engineering or construction soundness, safety, or reliability of the Facilities. (e) The Company shall immediately take the remedial actions necessary to ensure that the Facilities meet the commissioning and acceptance standards taking into account specified in the report of the Independent Verifier, and shall notify the Agency and the Independent Verifier when they have been carried out. As soon as reasonably practicable, the Company shall conduct further testing and commissioning until a provisional acceptance certificate CAIF has been issued. (f) If the Company fails to satisfactorily take remedial actions as specified in the report, the Agency shall be entitled, upon reasonable notice to the Company, to take the necessary remedial actions. The Agency shall be entitled to require the Company to promptly reimburse the reasonable costs, or to enforce the Performance Security. (g) If the Company fails to obtain a provisional acceptance certificate CAIF for all phases on or before the Required Provisional Operations Start In-Service Date, such failure shall constitute a Delay delay and a Company Event of Default.

Testing Procedure; Provisional Acceptance. (a) The Company shall carry out the testing and commissioning of the Facilities at its cost in accordance with Schedule 13 C (Testing and Commissioning). The Company shall give the Agency LGU and the Independent Verifier not less than thirty (30) Days Days’ prior written notice before commencing any testing and commissioning of the Facilities. (b) Within five (5) Business Days of the Company carrying out the testing and commissioning, the Independent Verifier shall be required to determine whether the testing has been done in accordance with the relevant testing and commissioning procedures and whether or not the Facilities have has satisfied the applicable commissioning and acceptance standards provided in Schedule 13 C (Testing and Commissioning). The determination made by the Independent Verifier shall be final and binding on the Parties, except in case of fraud or manifest error. (c) If the Independent Verifier certifies that the Facilities fully meet the commissioning and acceptance standards, the Agency LGU shall issue a provisional acceptance certificate in favor the Company within five (5) Business Days from the receipt of such certification. (d) If the Independent Verifier certifies that the Facilities do not fully meet the commissioning and acceptance standards, it shall issue a report to the Parties detailing the reasons why the Facilities do not comply with the commissioning and acceptance standards and specifying the actions that the Company must take to meet such standards. Notwithstanding the assessment made by the Independent Verifier, the Company shall be solely responsible for the engineering or construction soundness, safety, or reliability of the Facilities. (e) The Company shall immediately take the remedial actions necessary to ensure that the Facilities meet the commissioning and acceptance standards standards, taking into account the report of the Independent Verifier, and shall notify the Agency LGU and the Independent Verifier when they have been carried out. As soon as reasonably practicable, the Company shall conduct further testing and commissioning until a provisional acceptance certificate has been issued. (f) If the Company fails to satisfactorily take remedial actions as specified in the report, the Agency shall be entitled, upon reasonable notice to the Company, to take the necessary remedial actions. The Agency shall be entitled to require the Company to promptly reimburse the reasonable costs, or to enforce the Performance Security. (g) If the Company fails to obtain a provisional acceptance certificate on or before the Required Provisional Operations Start Date, such failure shall constitute a Delay delay and a Company Event of Default.