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Common use of Tests on Completion Clause in Contracts

Tests on Completion. 12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereof, the Contractor shall prepare and submit to the Authority Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways Manual of AC Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Engineer shall, in consultation with the Contractor, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor shall provide such assistance as the Authority Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor and the Authority Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor @ 0.02% of the payment pending for want of test per day. 12.1.2 All Tests shall be conducted in accordance with Schedule-J at the cost and expense ofthe Contractor; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Authority Engineer shall observe,monitor and review the results of the Tests to determine compliance of the Railway Projectwith Specifications and Standards and if it is reasonably anticipated or determined by the Authority Engineer during the course of any Test that the performance of the Railway Project or Section 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 Contractor to remedy and rectify any Defect or deficiency. Upon completion of each Test, the Authority Engineer shall provide to the Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, the Parties expressly agree that the Authority Engineer may require the Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Appears in 5 contracts

Samples: Engineering, Procurement and Construction (Epc) Agreement, Engineering, Procurement and Construction (Epc) Agreement, Engineering, Procurement and Construction (Epc) Agreement

Tests on Completion. 12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereofProject, the Contractor shall prepare and submit to the Authority Authority’s Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, Manual or the Indian Railways Manual of AC A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Authority’s Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Authority’s Engineer shall, in consultation with the Contractor, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor shall provide such assistance as the Authority Authority’s Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor and the Authority Authority’s Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority Authority’s Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor contractor @ 0.02% of the payment pending for want of test per day. 12.1.2 All Tests shall be conducted in accordance with Schedule-J at the cost and expense ofthe of the Contractor; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Authority Authority’s Engineer shall observe,, monitor and review the results of the Tests to determine compliance of the Railway Projectwith Project with Specifications and Standards and if it is reasonably anticipated or determined by the Authority Authority’s Engineer during the course of any Test that the performance of the Railway Project or Section 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 Contractor to remedy and rectify any Defect or deficiency. Upon completion of each Test, the Authority Authority’s Engineer shall provide to the Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, the Parties expressly agree that the Authority Authority’s Engineer may require the Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Appears in 3 contracts

Samples: Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects, Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects, Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects

Tests on Completion. 12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereof, the Contractor shall prepare and submit to the Authority Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways Manual of AC A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Engineer shall, in consultation with the Contractor, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor shall provide such assistance as the Authority Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor and the Authority Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority Engineer. Authority will carry out tests on completion within 30 days of receiving a request from the contractor. And if the Authority Engineer fails to carry out a test within 30 days, the Authority will pay damage to the Contractor @ at the rate of 0.02% (zero point zero two per cent) of the payment pending for want of test per day. 12.1.2 All Tests shall be conducted in accordance with Schedule-J at the cost and expense ofthe of the Contractor; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Authority Engineer shall observe,, monitor and review the results of the Tests to determine compliance of the Railway Projectwith Project with Specifications and Standards and if it is reasonably anticipated or determined by the Authority Engineer during the course of any Test that the performance of the Railway Project or Section 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 Contractor to remedy and rectify any Defect or deficiency. Upon completion of each Test, the Authority Engineer shall provide to the Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, the Parties expressly agree that the Authority Engineer may require the Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Appears in 2 contracts

Samples: Epc Agreement, Epc Agreement

Tests on Completion. 12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereof, the Contractor shall prepare and submit to the Authority Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways Manual of AC A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Engineer shall, in consultation with the Contractor, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor shall provide such assistance as the Authority Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor and the Authority Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor @ at the rate of 0.02% (zero point zero two per cent) of the payment pending for want of test per day. 12.1.2 All Tests shall be conducted in accordance with Schedule-J at the cost and expense ofthe of the Contractor; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Authority Engineer shall observe,, monitor and review the results of the Tests to determine compliance of the Railway Projectwith Project with Specifications and Standards and if it is reasonably anticipated or determined by the Authority Engineer during the course of any Test that the performance of the Railway Project or Section 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 Contractor to remedy and rectify any Defect or deficiency. Upon completion of each Test, the Authority Engineer shall provide to the Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, the Parties expressly agree that the Authority Engineer may require the Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Appears in 1 contract

Samples: Engineering, Procurement and Construction (Epc) Agreement

Tests on Completion. 12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereofProject, the Contractor shall prepare and submit to the Authority Authority’s Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, Manual or the Indian Railways Manual of AC A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Authority’s Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Authority’s Engineer shall, in consultation with the Contractor, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor shall provide such assistance as the Authority Authority’s Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor and the Authority Authority’s Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority Authority’s Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor @ 0.02% of the payment pending for want of test per day. 12.1.2 All Tests shall be conducted in accordance with Schedule-J at the cost and expense ofthe of the Contractor; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Authority Authority’s Engineer shall observe,, monitor and review the results of the Tests to determine compliance of the Railway Projectwith Project with Specifications and Standards and if it is reasonably anticipated or determined by the Authority Authority’s Engineer during the course of any Test that the performance of the Railway Project or Section 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 Contractor to remedy and rectify any Defect or deficiency. Upon completion of each Test, the Authority Authority’s Engineer shall provide to the Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, the Parties expressly agree that the Authority Authority’s Engineer may require the Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Appears in 1 contract

Samples: Engineering, Procurement and Construction (Epc) Agreement

Tests on Completion. 12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereof, the Contractor shall prepare and submit to the Authority Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the [Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways Manual of AC Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual A.C. Traction ]as the case may be, and notify the Authority Engineer of its intent to subject the Railway Project to Tests, if required. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Engineer shall, in consultation with the Contractor, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor shall provide such assistance as the Authority Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor and the Authority Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 than10 (ten) days’ notice to the Authority Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractorContractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor @ 0.02% of the payment pending for want of test per day. 12.1.2 All Tests shall be conducted in accordance with Schedule-J at the cost and expense ofthe Contractor; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the AuthorityContractor. The Authority Engineer shall observe,, monitor and review the results of the Tests to determine compliance of the Railway Projectwith Project with Specifications and Standards and if it is reasonably anticipated or determined by the Authority Engineer during the course of any Test that the performance of the Railway Project or Section 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 Contractor to remedy and rectify any Defect or deficiency. Upon completion of each Test, the Authority Engineer shall provide to the Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, the Parties expressly agree that the Authority Engineer may require the Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Appears in 1 contract

Samples: Standard Engineering, Procurement and Construction (Epc) Agreement

Tests on Completion. 12.1.1 13.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereofProject, the Contractor Concessionaire shall prepare and submit to the Authority Authority‟s Engineer the documents Documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, Manual or the Indian Railways Manual of AC A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Authority‟s Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents Documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Authority‟s Engineer shall, in consultation with the ContractorConcessionaire, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor Concessionaire shall provide such assistance as the Authority Authority‟s Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties Parties agree that in the event of the Contractor Concessionaire and the Authority Authority‟s Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor Concessionaire shall fix the dates by giving not less than 10 (ten) days’ days‟ notice to the Authority Authority‟s Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor @ 0.02% of the payment pending for want of test per day. 12.1.2 13.1.2 All Tests shall be conducted in accordance with Schedule-J I at the cost and expense ofthe Contractorof the Concessionaire; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Authority Authority‟s Engineer shall observe,, monitor and review the results of the Tests to determine compliance of the Railway Projectwith Project with Specifications and Standards and if it is reasonably anticipated or determined by the Authority Authority‟s Engineer during the course of any Test that the performance of the Railway Project or Section 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 Contractor Concessionaire to remedy and rectify any Defect or deficiency. Upon completion of each Test, the Authority Authority‟s Engineer shall provide to the Contractor Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, the Parties expressly agree that the Authority Authority‟s Engineer may require the Contractor Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Appears in 1 contract

Samples: Concession Agreement

Tests on Completion. 12.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereof, the Contractor shall prepare and submit to the Authority Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, the Indian Railways Manual of AC A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Engineer shall, in consultation with the Contractor, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor shall provide such assistance as the Authority Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor and the Authority Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor @ 0.02% of the payment pending for want of test per day. 12.1.2 All Tests shall be conducted in accordance with Schedule-J at the cost and expense ofthe of the Contractor; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Authority Engineer shall observe,, monitor and review the results of the Tests to determine compliance of the Railway Projectwith Project with Specifications and Standards and if it is reasonably anticipated or determined by the Authority Engineer during the course of any Test that the performance of the Railway Project or Section 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 Contractor to remedy and rectify any Defect or deficiency. Upon completion of each Test, the Authority Engineer shall provide to the Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, the Parties expressly agree that the Authority Engineer may require the Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Appears in 1 contract

Samples: Engineering, Procurement and Construction (Epc) Agreement

Tests on Completion. 12.1.1 13.1.1 No later than 30 (thirty) days prior to the likely completion of the Railway Project or a part thereofProject, the Contractor Concessionaire shall prepare and submit to the Authority Authority’s Engineer the documents required for seeking approval of the Commissioner of Railway Safety in accordance with the provisions of the Railways Opening for Public Carriage of Passenger Rules, the Indian Railway Permanent Way Manual, Manual or the Indian Railways Manual of AC A.C. Traction, Indian Railways Signal Engineering Manual, Indian Railways Telecom Manual as the case may be, and notify the Authority Authority’s Engineer of its intent to subject the Railway Project to Tests. After ensuring and procuring that the documents required to be submitted to the Commissioner for Railway Safety meet the requirements of Applicable Laws, the Authority Authority’s Engineer shall, in consultation with the ContractorConcessionaire, determine the date and time of each of the Tests, and inform the Authority who may designate its representative to witness the Tests. The Contractor Concessionaire shall provide such assistance as the Authority Authority’s Engineer may reasonably require for conducting the Tests. For avoidance of doubts, the parties agree that in the event of the Contractor Concessionaire and the Authority Authority’s Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor Concessionaire shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority Authority’s Engineer. Authority will carry out tests on completion within 30 days of receiving request from contractor. And if Authority Engineer fails to carry out test within 30 days, the Authority will pay damage to Contractor @ 0.02% of the payment pending for want of test per day. 12.1.2 13.1.2 All Tests shall be conducted in accordance with Schedule-J I at the cost and expense ofthe Contractorof the Concessionaire; provided, however, that the trial running on railway track shall be undertaken at the cost and expense of the Authority. The Authority Authority’s Engineer shall observe,, monitor and review the results of the Tests to determine compliance of the Railway Projectwith Project with Specifications and Standards and if it is reasonably anticipated or determined by the Authority Authority’s Engineer during the course of any Test that the performance of the Railway Project or Section 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 Contractor Concessionaire to remedy and rectify any Defect or deficiency. Upon completion of each Test, the Authority Authority’s Engineer shall provide to the Contractor Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, the Parties expressly agree that the Authority Authority’s Engineer may require the Contractor Concessionaire to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Railway Project thereof with the Specifications and Standards.

Appears in 1 contract

Samples: Concession Agreement