Tests and Procedures by the Owner Sample Clauses

Tests and Procedures by the Owner. 21.3.1 Without limiting the provisions of sections 21.1 and 21.2 hereof, the Owner's Representative shall be entitled, at any time and from time to time, to perform any test, study or investigation in connection with the Work as the Owner's Representative may determine to be reasonably necessary or advisable in the circumstances and the DBO Contractor shall provide to the Owner's Representative with all necessary assistance in connection with the carrying out of such tests, procedures, studies and investigations. For greater certainty, in connection with the foregoing, the Owner's Representative, shall be entitled to install machines, equipment, systems, monitors, and other devices in, on, under, over or adjacent to the Facility to permit and facilitate any test, procedure, study, evaluation, review, investigation or Examination of or relating to the Work or the Facility. The performance of any Examination, tests, procedures, studies and/or investigations by or on behalf of the Owner shall not relieve the DBO Contractor of any of its obligations to fulfil the terms of this Agreement. No Default by the DBO Contractor will be waived or be deemed to have been waived by any test, study or investigation by or on behalf of the Owner, and in no event will any such test, study or investigation be construed as a representation that there has been or will be compliance with this Agreement or that the Work is free from defect or deficiency. The Owner's Representative shall use its reasonable best efforts to ensure that any tests, procedures, studies or investigations performed or carried out hereunder and any machines, equipment, systems, monitors, counters and other devices installed hereunder are performed, carried out or installed so as to minimize disruption or interruption to the Work.
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