Common use of Tests and Construction Completion Certificate Clause in Contracts

Tests and Construction Completion Certificate. 14.1.1 At least 30 (thirty) days prior to the likely completion of construction works related to Mandatory Development Obligations, the Concessionaire shall notify, in writing, the Authority and the Independent Engineer(s) of its intent to subject the Project Facilities to necessary Tests. The Independent Engineer(s) shall, within 28 (twenty eight) days of such notice, require the Concessionaire to carry out or cause to be carried out such necessary checks and tests, as the Independent Engineer(s) may deem appropriate in accordance with the Good Industry Practice and the nature of such Project Facility including its intended use, to determine conformation of the Project Facilities to the Specifications and Standard as per this Agreement. The date and time of each such test shall be determined by the Independent Engineer(s) in consultation with the Concessionaire. If it is reasonably anticipated or determined by the Independent Engineer(s) during the course of any such tests that such Project Facility or any part thereof does not meet the Specifications and Standards, it shall have the right to suspend or delay such test and require the Concessionaire to remedy and rectify the defects or deficiencies. Upon completion of each such test, the Independent Engineer(s) shall provide copies of all such test data and results thereof to the Concessionaire with copy to the Authority. Costs of all such tests shall be borne by the Concessionaire. 14.1.2 Upon the Independent Engineer(s) determining that the Mandatory Development Obligations conform to the Specifications and Standards and have been completed in accordance with the provisions of this Agreement, it shall forthwith issue to the Concessionaire and the Authority a Construction Completion Certificate (the “Construction Completion Certificate”). 14.1.3 The Construction Completion Certificate shall be given by the Authority within 28 (twenty- eight) days after: a) The Concessionaire has remedied any defects in the works carried out; b) The Concessionaire has completed and tested all the Works, as specified by the Concessioning Authority / external Independent Engineer(s) appointed by the Concessioning Authority; c) The Works are in conformity with the provisions laid down in the Concession Agreement and its Schedules.