Common use of Tests Clause in Contracts

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 14.3.1 For determining that the Construction Development Works conform to the Agreement and Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, time in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed Independent Engineer shall participate in at least [10% (ten per cent) )] of the quantity and/or number of tests required by such Tests that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests Tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such testsTests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, Provided however, that the Independent Engineer may, instead of carrying out the tests Tests specified hereunder, at its option decide to witness, or participate in, any of the tests Tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 14.3.2 In the event that results of any tests Tests conducted under this Clause 13.3 14.3 establish any defects or deficiencies in the Construction Development Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalfregard. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests Tests to determine that such remedial measures have brought the Construction Development Works into compliance with the Specifications and Standards, and the procedure set forth in this under Clause 13.3 14.3 shall be repeated until such Construction Development Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests the Tests pursuant to this Clause 13.3 14.3 shall be undertaken in addition to and independent of the tests that shall be Tests carried out by the Concessionaire for its own quality assurance in accordance with Applicable Laws, Applicable Permits and Good Industry Practice. It is also agreed that a copy of the results of such tests Test shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 10.6.1. For determining that the Construction Works conform to the Standards and Specifications and Standardscapacities as per Schedule B, the Independent Engineer & Auditor (IE&A) shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer IE&A from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer IE&A and furnish the results thereof to the Independent EngineerIE&A. 10.6.2. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 10.6.2 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer & Auditor in this behalf. The Independent Engineer IE&A shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Standards and Specifications and Standardscapacities as per Schedule B, and the procedure set forth in this Clause 13.3 10.6.2 shall be repeated until such Construction Works conform to the Specifications and Standardsstipulated requirements. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 10.6.2 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer & Auditor forthwith. 10.6.3. Upon request of Concessionaire, the Authority shall provide to the Concessionaire 500 (five hundred) metric tons (MT) of Food Grains for carrying out tests of the Silo Complex. The Food Grain so provided shall be returned to the Authority after the trail runs; provided the Authority may instruct the Concessionaire to retain the stock provided under this Clause10.6.3 for storage. The cost towards transportation of Food Grain to and from the Silo Complex shall be borne by the Authority, provided that if such costs are to be incurred more than once, the cost towards transportation after the first time shall be borne by the Concessionaire. The Concessionaire shall take all due care of the Food Grain as per Standards and Specifications. No Storage and Handling Charge shall be payable on Food Grain provided under this Clause 10.6.3 till the Completion Certificate is issued. In the event of loss of the Food Grain, the Concessionaire shall make good the loss.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or and /or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 Clause13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or MORTH for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform 14.1.1 No later than 30 (thirty) days prior to the Specifications and Standardslikely completion of the Port, the Concessionaire shall notify the Independent Engineer of its intent to subject the Port to Tests. The date and time of each of the Tests shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified determined by the Independent Engineer from time to timein consultation with the Concessionaire, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, and notified to the extent possible, not exceed 10% (ten per cent) of Authority who may designate its representative to witness the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractorsTests. The Concessionaire shallshall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, with due diligencethe Concessionaire shall fix the dates by not less than 10 (ten) days notice to the Independent Engineer, carry out or cause to be carried out all and in the tests in accordance with event the instructions of Independent Engineer delays the Tests hereunder, the Authority shall impose exemplary penalties on the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified shall ensure that Tests are completed in time either by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standardssubstitute thereof. For the avoidance of doubt, it is agreed that tests pursuant the provisions of this Article 14 shall not apply to this Clause 13.3 Port Estate Development. 14.1.2 All Tests shall be undertaken conducted in addition to accordance with Schedule-I at the cost and independent expense of the tests Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Port with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Port 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 Test, the Independent Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or caused to be carried out by the Concessionaire for its own quality assurance additional Tests, in accordance with Good Industry Practice. It is also agreed that a copy , for determining the compliance of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwithPort with Specifications and Standards.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests normally required by Good Industry Practice to be undertaken for the construction works undertaken by of the Authority implemented through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance toassistance, to the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or PWD for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, and at its cost and expense, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works and Equipment conform to the Specifications and Standards, the Independent Engineer shall in charge may require the Concessionaire Mine Operator to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer in charge from time to time, in accordance with Good Standard Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 105% (ten five per cent) of the quantity and/or number of tests required by Good that the owner or builder of such works would normally undertake in accordance with Standard Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire Mine Operator shall, with due diligencediligence and at its own cost, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer in charge and furnish the results thereof to the Independent EngineerAuthority. One half 50% (fifty per cent) of the costs incurred on by the Mine Operator in carrying out such tests, and tests to the extent certified by the Independent Engineer in charge as reasonablehaving been reasonably incurred, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunderMine Operator. For the avoidance of doubt, the costs to be incurred on any test which is undertaken Mine Operator shall carry out all tests necessary for determining the rectification of any defect or deficiency in construction shall be borne solely by the ConcessionaireConstruction Works and Equipment, at its sole cost and expense. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction WorksWorks and Equipment, the Concessionaire Mine Operator shall carry out remedial measures and furnish a report to the Independent Engineer in charge in this behalf. The Independent Engineer in charge shall require the Concessionaire Mine Operator to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works and Equipment into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works and Equipment conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire Mine Operator for its own quality assurance in accordance with Good Standard Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire Mine Operator to the Independent Engineer Authority forthwith.

Tests. 13.3.1 For determining that the Construction Works conform (a) At least 30 (thirty) days prior to the Specifications and Standardslikely completion of the Project, the Independent Engineer Concessionaire shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by notify the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to Consultant and the extent possible, not exceed 10% (ten per cent) Monitoring Committee of the quantity and/or number same and shall give notice to them of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractorsits intent to conduct Tests. The Concessionaire shall, with due diligence, carry out or cause shall give the Independent Consultant and the Monitoring Committee at least 10 (ten) days prior notice of the actual date on which it intends to commence the Tests and at least 7 (seven) days prior notice of the commencement date of any subsequent Tests. (b) AII Tests shall be carried out all the tests conducted in accordance with the instructions Applicable Laws and Applicable Permits. The Monitoring Committee shall have the right to suspend or postpone any Test if it is reasonably anticipated or determined during the course of the Independent Engineer and furnish Test that the results thereof to the Independent Engineer. One half performance of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, Project or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to part thereof does not meet the Specifications and Standards. For The Monitoring Committee may designate a representative with suitable qualifications and experience to witness and observe the avoidance Tests. (c) The Independent Consultant shall monitor the results of doubtthe Tests to determine the compliance of the Project with the Specifications and Standards and shall provide to the Monitoring Committee copies of all Test data including detailed Test results. (d) Upon the Independent Consultant determining the Tests to be successful, it is agreed that tests pursuant shall forthwith issue to this Clause 13.3 the Concessionaire a certificate (the “Completion Certificate "), with a copy to NGS. (e) The Independent Consultant may at the request of the Concessionaire issue a provisional certificate of completion ("Provisional Certificate") if the Tests are successful and all parts of Project can be legally, safely and reliably opened for commercial operation though certain works or things forming part thereof are not yet complete. In such an event, Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Consultant and the Concessionaire ("Punch List"). All Punch List items shall be undertaken in addition to and independent of the tests that shall be carried out completed by the Concessionaire for its own quality assurance within 30 (thirty) days of the date of issue of such Provisional Certificate. Upon completion of all Punch List items to the satisfaction of the Independent Consultant, it shall issue the Completion Certificate to the Concessionaire with a copy to NGS. In the event of the Concessionaire’s failure to complete the Punch List items within the said period, NGS may, without prejudice to any other rights or remedy available to it under this Agreement, have such items completed at the risk and costs of the Concessionaire. The Concessionaire shall reimburse to NGS on demand the entire costs incurred by NGS in completing the Punch List items. (f) If the Independent Consultant certifies that it is unable to issue the Completion Certificate or Provisional Certificate because of events or circumstances which excuse the performance of the Concessionaire's obligations in accordance with Good Industry Practice. It is also agreed that this Agreement and as a copy of consequence thereof the results of such tests shall Tests could not be sent by held or had to be suspended, the Concessionaire shall re-schedule the Tests and hold the same as soon as reasonably practicable. (g) The Concessionaire shall bear all the expenses relating to the Independent Engineer forthwithTests under this Agreement.

Tests. 13.3.1 For determining that the Construction Development Works conform to the Agreement and Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, time in accordance with Good Industry Practice for quality assurance. The size of sample for such tests Tests shall, to the extent possible, possible not exceed [10% (ten per cent) )] of the quantity and/or number of tests required by Tests that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests Tests in accordance with the instructions of the Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such testsTests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, Provided however, that the Independent Engineer Expert may, instead of carrying out the tests Tests specified hereunder, at its option decide to witness, or participate in, any of the tests Tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer Expert for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests Tests conducted under this Clause Article 13.3 establish any defects or deficiencies in the Construction Development Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.measures

Tests. 13.3.1 For determining that the Construction Development Works conform to the Agreement and Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, time in accordance with Good Industry Practice for quality assurance. The size of sample for such tests Tests shall, to the extent possible, possible not exceed [10% (ten per cent) )] of the quantity and/or number of tests required by Tests that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests Tests in accordance with the instructions of the Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such testsTests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, Provided however, that the Independent Engineer Expert may, instead of carrying out the tests Tests specified hereunder, at its option decide to witness, or participate in, any of the tests Tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer Expert for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests Tests conducted under this Clause Article 13.3 establish any defects or deficiencies in the Construction Development Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Expert in this behalfregard. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.Expert shall

Tests. 13.3.1 For determining that the Construction Development Works conform to the Agreement and Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, time in accordance with Good Industry Practice for quality assurance. The size of sample for such tests Tests shall, to the extent possible, possible not exceed 10% (ten per cent) of the quantity and/or number of tests required by Tests that the owner or developer of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests Tests in accordance with the instructions of the Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such testsTests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, Provided however, that the Independent Engineer Expert may, instead of carrying out the tests Tests specified hereunder, at its option decide to witness, or participate in, any of the tests Tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer Expert for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests Tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Development Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Expert in this behalfregard. The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests Tests to determine that such remedial measures have brought the Construction Development Works into compliance with the Specifications and Standards, and the procedure set forth in under this Clause 13.3 shall be repeated until such Construction Development Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests the Tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be Tests carried out by the Concessionaire for its own quality assurance in accordance with Applicable Laws, Applicable Permits and Good Industry Practice. It is also agreed that a copy of the results of such tests Tests shall be sent by the Concessionaire to the Independent Engineer Expert forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per centpercent) of the quantity and/or number of tests required by that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 13.3, shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 13.3.1. For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The testing shall be done through an Government institute or from any lab which is recognized by PwD, Manipur. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice the construction standards (IS) for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in and to maintain proper record/ registerin accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half The cost of the costs incurred on such tests, and all test required to the extent certified by the Independent Engineer be carried out as reasonableper IS Standard, shall entirely be reimbursed borne by the Authority to the Concessionaire. ProvidedAlso, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on incurredon any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 13.3.2. In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish andfurnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests at the cost of Concessionaire to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.in

Tests. 13.3.1 For determining that the Construction Development Works conform to the Agreement and Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, time in accordance with Good Industry Practice for quality assurance. The size of sample for such tests Tests shall, to the extent possible, possible not exceed [10% (ten per cent) )] of the quantity and/or number of tests required by Tests that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests Tests in accordance with the instructions of the Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such testsTests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, Provided however, that the Independent Engineer Expert may, instead of carrying out the tests Tests specified hereunder, at its option decide to witness, or participate in, any of the tests Tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer Expert for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests Tests conducted under this Clause Article 13.3 establish any defects or deficiencies in the Construction Development Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Expert in this behalfregard. The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests Tests to determine that such remedial measures have brought the Construction Development Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 under Article13.3 shall be repeated until such Construction Development Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests the Tests pursuant to this Clause Article 13.3 shall be undertaken in addition to and independent of the tests that shall be Tests carried out by the Concessionaire for its own quality assurance in accordance with Applicable Laws, Applicable Permits and Good Industry Practice. It is also agreed that a copy of the results of such tests Test shall be sent by the Concessionaire to the Independent Engineer Expert forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per centpercent) of the quantity and/or number of tests required by that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In ln the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or OWD for the construction works undertaken by the Authority Government through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority Government to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works and equipment conform to the Specifications and Standards, the Independent Engineer shall HCL may require the Concessionaire MDO to carry out out, or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer HCL from time to time, in accordance with Good Standard Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 105% (ten five per cent) of the quantity and/or number of tests required by Good that the owner or builder of such works would normally undertake in accordance with Standard Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire MDO shall, with due diligencediligence and at its own cost, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer HCL and furnish the results thereof to HCL. Notwithstanding anything stated above, HCL has the Independent Engineer. One half of the costs incurred on such right to appoint an independent agency to carry out tests, and to the extent certified 50% of cost incurred by the Independent Engineer independent agency in conducting tests, as reasonablespecified by HCL, shall be reimbursed by the Authority MDO to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunderHCL. For the avoidance of doubt, the costs to be incurred on any test which is undertaken MDO shall carry out all tests necessary for determining the rectification of any defect or deficiency in construction shall be borne solely by the ConcessionaireConstruction Works and equipment, at its sole cost and expense. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction WorksWorks and Equipment, the Concessionaire MDO shall carry out remedial measures and furnish a report to the Independent Engineer in HCL on this behalf. The Independent Engineer HCL shall require the Concessionaire MDO to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works and Equipment into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works and Equipment conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire MDO for its own quality assurance in accordance with Good Standard Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire MDO to the Independent Engineer HCL forthwith. 13.3.3 MDO shall maintain a fully equipped and functional laboratory at the Site to conduct the tests for quality assurance for civil works as per MoRTH (5th edition), IRC specifications, latest CPWD specifications Vol -I & Vol -II, BIS specifications, etc. Besides deploying experienced graduate material engineers and adequate number of technical staff for carrying out the routine tests in the required frequency. At any stage the latest available quality assurance guidelines shall be considered.

Tests. 13.3.1 For determining that the Construction Construction/ Automation Works and services conform to the Specifications and Standards, the Independent Engineer Concessioning Authority shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 1020% (ten twenty per cent) of the quantity and/or and/ or number of tests required by Good Industry Practice tests, relevant Indian Standards for the construction works undertaken by the Authority through their contractorsworks, services, equipment to be provided and installed. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer Concessioning Authority and furnish the results thereof to the Independent EngineerConcessioning Authority. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer Concessioning Authority as reasonable, shall be reimbursed by the Concessioning Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction construction/ automation shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, services, and equipment provided and installed the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Concessioning Authority in this behalf. The Independent Engineer Concessioning Authority shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works Works, services and equipment as provided and installed into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works Works, services and equipment as provided and installed conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer Concessioning Authority forthwith. 13.3.3 The provisions of Clause 13.3.1 and 13.3.2 shall apply mutatis mutandis to the checking and testing of software development, IT Infrastructure including hardware and software.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed shall normally comprise 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or MOSRTH for the construction works undertaken by the Authority GOTN, HD through their contractors. The Concessionaire shall, with due diligence, at its cost carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer Expert may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer Expert for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction development shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Expert in this behalf. The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer Expert forthwith.

Tests. 13.3.1 12.7.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may may, be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or MOSRTH for the construction works undertaken by the Authority Government through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority Government to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 12.7.2 In the event that results of any tests conducted under this Clause 13.3 12.7 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 12.7 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 12.7 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works and Equipment conform to the Specifications and Standards, the Independent Engineer shall in charge may require the Concessionaire Mine Operator to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer in charge from time to time, in accordance with Good Standard Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 105% (ten five per cent) of the quantity and/or number of tests required by Good that the owner or builder of such works would normally undertake in accordance with Standard Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire Mine Operator shall, with due diligencediligence and at its own cost, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer in charge and furnish the results thereof to the Independent EngineerAuthority. One half 50% (fifty percent) of the costs incurred on by the Mine Operator in carrying out such tests, and tests to the extent certified by the Independent Engineer in charge as reasonablehaving been reasonably incurred, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunderMine Operator. For the avoidance of doubt, the costs to be incurred on any test which is undertaken Mine Operator shall carry out all tests necessary for determining the rectification of any defect or deficiency in construction shall be borne solely by the ConcessionaireConstruction Works and Equipment, at its sole cost and expense. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction WorksWorks and Equipment, the Concessionaire Mine Operator shall carry out remedial measures and furnish a report to the Independent Engineer in chargein this behalf. The Independent Engineer in charge shall require the Concessionaire Mine Operator to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works and Equipment into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works and Equipment conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire Mine Operator for its own quality assurance in accordance with Good Standard Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire Mine Operator to the Independent Engineer Authority forthwith.

Tests. 13.3.1 12.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 12.3.2 In the event that results of any tests conducted under this Clause 13.3 12.3 establish any defects or deficiencies in the Construction Works, upon notifying of such defects or deficiencies, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 12.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 12.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 13.3.1. For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice Practice, Applicable Laws, Applicable Permits and terms of this Agreement for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice, Applicable Laws, Applicable Permits and terms of this Agreement. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 13.3.2. In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed possible be atleast 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or MORTH for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 13.2.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests test shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by the agencies operating in the logistic parks / ICDs / CFS / warehouse zones etc. including but not limited to CWC, MES/CPWD, IBC, BIS, IRC and/or MoRTH as per Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests test in accordance with the instructions of the ofthe Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 . In the event that results of any tests conducted under this Clause 13.3 13.2 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Expert in this behalf. The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 13.2 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall 13.2shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer Expert forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or PWD for the construction works undertaken by the Authority Government through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority Government to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works with respect to the Sports Infrastructure Project conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice [the Authority] for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the The costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause Article 13.3 establish any defects or deficiencies in the Construction WorksWorks with respect to the Sports Infrastructure Project, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works with respect to the Sports Infrastructure Project into compliance with the Specifications and Standards, and the procedure set forth in this Clause Article 13.3 shall be repeated until such Construction Works with respect to the Sports Infrastructure Project conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause Article 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works and Equipment conform to the Specifications and Standards, the Independent Engineer shall may require the Concessionaire Mine Operator to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Standard Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 105% (ten five per cent) of the quantity and/or number of tests required by Good that the owner or builder of such works would normally undertake in accordance with Standard Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire Mine Operator shall, with due diligencediligence and at its own cost, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Authority and the Independent Engineer. One half 50% (fifty percent) of the costs incurred on by the Mine Operator in carrying out such tests, and tests to the extent certified by the Independent Engineer as reasonablehaving been reasonably incurred, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunderMine Operator. For the avoidance of doubt, the costs to be incurred on any test which is undertaken Mine Operator shall carry out all tests necessary for determining the rectification of any defect or deficiency in construction shall be borne solely by the ConcessionaireConstruction Works and Equipment, at its sole cost and expense. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction WorksWorks and Equipment, the Concessionaire Mine Operator shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire Mine Operator to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works and Equipment into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works and Equipment conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire Mine Operator for its own quality assurance in accordance with Good Standard Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire Mine Operator to the Authority and the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer Expert may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer Expert for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Expert in this behalf. The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer Expert forthwith.

Tests. 13.3.1 For determining 14.1.1 At least 30 (thirty) days prior to the likely completion of the Heliport, the Concessionaire shall notify the Independent Engineer of its intent to subject the Heliport to Tests. The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Authority who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days’ notice to the Independent Engineer, and in the event the Independent Engineer delays the Tests hereunder, the Authority shall impose exemplary penalties on the Independent Engineer and shall ensure that Tests are completed in time either by the Independent Engineer or any substitute thereof. 14.1.2 All Tests shall be conducted in accordance with Schedule-I. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Heliport with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the Construction Works conform to performance of the Heliport 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 Test, the Independent Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out testsadditional Tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification compliance of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance Heliport with the Specifications and Standards, Applicable Laws, Applicable Permits and the procedure set forth in terms of this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwithagreement.

Tests. 13.3.1 13.2.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests test shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by the agencies operating in the logistic parks / ICDs / CFS / warehouse zones etc. includingbut not limited to CWC, MES/CPWD, IBC, BIS, IRC and/or MoRTH as per Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests test in accordance with the instructions of the ofthe Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 . In the event that results of any tests conducted under this Clause 13.3 13.2 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Expert in this behalf. The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 13.2 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall 13.2shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer Expert forthwith.

Tests. 13.3.1 a. For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per centpercent) of the quantity and/or number of tests required by that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 b. In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of f doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works and Equipment conform to the Specifications and Standards, the Independent Engineer shall in charge may require the Concessionaire Mine Operator to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer in charge from time to time, in accordance with Good Standard Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 105% (ten five per cent) of the quantity and/or number of tests required by Good that the owner or builder of such works would normally undertake in accordance with Standard Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire Mine Operator shall, with due diligencediligence and at its own cost, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer in charge and furnish the results thereof to the Independent EngineerAuthority. One half 50% (fifty percent) of the costs incurred on by the Mine Operator in carrying out such tests, and tests to the extent certified by the Independent Engineer in charge as reasonablehaving been reasonably incurred, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunderMine Operator. For the avoidance of doubt, the costs to be incurred on any test which is undertaken Mine Operator shall carry out all tests necessary for determining the rectification of any defect or deficiency in construction shall be borne solely by the ConcessionaireConstruction Works and Equipment, at its sole cost and expense. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction WorksWorks and Equipment, the Concessionaire Mine Operator shall carry out remedial measures and furnish a report to the Independent Engineer in charge in this behalf. The Independent Engineer in charge shall require the Concessionaire Mine Operator to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works and Equipment into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works and Equipment conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire Mine Operator for its own quality assurance in accordance with Good Standard Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire Mine Operator to the Independent Engineer Authority forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 13.3, shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining 14.2.1 At least 60 (sixty) days prior to the likely commissioning of the Project Facilities, the Concessionaire shall notify the Concessioning authority and M/s Grid Controller of India Limited of its intent to subject the Project Facilities to Tests. The date and time of each of the Tests shall be determined by the Concessioning authority in consultation with the Concessionaire. The Concessionaire shall provide such assistance as the Concessioning authority may reasonably require for conducting the Tests. In the event of the Concessionaire and the Concessioning authority failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days’ notice to the Concessioning authority. 14.2.2 Necessary tests shall be conducted in accordance with applicable standards and in line with the Indian Electricity Grid Code. The Concessioning authority or an agency as authorized by it shall observe, monitor and review the results of the Tests to determine compliance of the Project Facilities with Standards and Specifications and if it is reasonably anticipated or determined by the Concessioning authority during the course of any Test that the Construction Works conform performance of the Project Facilities or any part thereof does not meet the Standards and Specifications, 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 Test, the Concessioning authority and/or any agency as authorized by the Concessioning authority, shall provide to the Specifications and StandardsConcessionaire copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer shall Concessioning authority may require the Concessionaire to carry out or cause to be carried out testsadditional Tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance Project Facilities with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwithStandards and Specifications.

Tests. 13.3.1 For determining that 14.1.1 The Concessionaire shall prepare and submit, to the Independent Engineer, for examination and approval, a list of all Tests required and proposed to be conducted, during the Construction Works conform Period to determine commissioning of the Specifications and StandardsProject, along with a tentative schedule of the same. Within 15 (fifteen) days of the receipt of the list of Tests, the Independent Engineer shall require review and approve the same and convey its observations to the Concessionaire with a copy to carry out or cause the Authority. For avoidance of doubt, Concessionaire and Independent Engineer shall ensure that all Tests and Documents required to be carried out testssubmitted for seeking approval from CRS or Managing Director of Authority are included in the list of Tests. DRAFT 14.1.2 At least 120 (one hundred and twenty) days prior to the likely completion of the Project, at such the Concessionaire shall notify the Independent Engineer of its intent to subject the Project to Tests. The date and time and frequency and in such manner as may of each of the Tests shall be specified determined by the Independent Engineer from time to timein consultation with the Concessionaire, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, and notified to the extent possibleAuthority (at least 10 (ten) days in advance), not exceed 10% (ten per cent) of who may designate its representative to witness the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractorsTests. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of shall provide such assistance as the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to Representative may require for conducting the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunderTests. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction Test shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. 14.1.3 The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the performance of the Project 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 Test, the Independent Engineer shall provide to the Concessionaire and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Independent Engineer may require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standardsadditional Tests, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy , for determining the compliance of the results Project with Specifications and Standards. 14.1.4 Upon completion of such tests shall be sent by the Concessionaire to Construction Works, and the Independent Engineer forthwithdetermining the Tests to be successful, the Independent Engineer shall notify to the Authority about the Test results.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed shall normally comprise 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or PWD for the construction works undertaken by the Authority MPRDC through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority MPRDC to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications Specification and StandardsStandard. For the avoidance of doubt, doubt it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 10.6.1. For determining that the Construction Works conform to the Standards and Specifications and Standardscapacities as per Schedule B, the Independent Engineer & Auditor (IE&A) shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer IE&A from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer IE&A and furnish the results thereof to the Independent EngineerIE&A. 10.6.2. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 10.6.2 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer & Auditor in this behalf. The Independent Engineer IE&A shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Standards and Specifications and Standardscapacities as per Schedule B, and the procedure set forth in this Clause 13.3 10.6.2 shall be repeated until such Construction Works conform to the Specifications and Standardsstipulated requirements. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 10.6.2 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer & Auditor forthwith. 10.6.3. Upon request of Concessionaire, the Authority shall provide to the Concessionaire 500 (five hundred) metric tons (MT) of Food Grains for carrying out tests of the Silo Complex. The Food Grain so provided shall be returned to the Authority after the trail runs; provided the Authority may instruct the Concessionaire to retain the stock provided under this Clause 10.6.3

Tests. oject 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed shall normally comprise 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice Standard Specifications for Road and Bridge Works, Department of Roads for the construction works undertaken by the Authority MOPIT through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority MOPIT to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed atleast 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or MORTH for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standardsrequirements set forth in Clause 13.2 above, the Independent Engineer Supervision Committee shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer Supervision Committee from time to time, in accordance with Good Industry Practice IndustryPractice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer Supervision Committee and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunderSupervision Committee. For the avoidance of doubt, the costs to be incurred on any test Test, which is undertaken undertaken, for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. Additionally, if any Tests/ retests are required to be held in accordance with the instructions of the Monitoring Committee, the same shall be carried out by the Concessionaire at its cost. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Supervision Committee in this behalf. The Independent Engineer Supervision Committee shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standardsrequirements set forth in Clause 13.2, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standardsrequirements set forth in Clause 13.2 above. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer Supervision Committee forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standards, the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or PWD for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwith.

Tests. 13.3.1 For determining that the Construction Works conform to the Specifications and Standardsrequirements set forth in Clause 13.2 above, the Independent Engineer Supervision Committee shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer Supervision Committee from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer Supervision Committee and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunderSupervision Committee. For the avoidance of doubt, the costs to be incurred on any test Test, which is undertaken undertaken, for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. Additionally, if any Tests/ retests are required to be held in accordance with the instructions of the Monitoring Committee, the same shall be carried out by the Concessionaire at its cost. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Supervision Committee in this behalf. The Independent Engineer Supervision Committee shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standardsrequirements set forth in Clause 13.2, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standardsrequirements set forth in Clause 13.2 above. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer Supervision Committee forthwith.

Tests. 13.3.1 For determining that the Construction Works works conform to the Specifications and Standards, the Independent Engineer Consultant shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer Consultant from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed shall normally comprise 10% (ten per centpercent) of the quantity and/or number of tests required prescribed by Good Industry Practice IRC and/or MORTH for the construction works undertaken by the Authority MSRDC through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunderConsultant. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that the results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Consultant in this behalf. The Independent Engineer Consultant shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer Consultant forthwith.

Tests. 13.3.1 8.6.1. For determining that the Construction Works conform to the Specifications and Standards, CEB and the Independent Engineer shall require be entitled to conduct inspections and attend the Concessionaire to carry out or cause to be carried out teststests in factories, at such time of suppliers of solar PV modules, inverters, XXXX and frequency the equipment comprised in the Facility (“Factory Tests”) during the Construction Period. Seller shall inform CEB and in such manner as may be specified by the Independent Engineer from time in writing at least 60 (sixty) days in advance of the date(s) on and the location at which the Factory Tests shall be conducted. CEB shall confirm to time, in accordance with Good Industry Practice for quality assuranceSeller the names of the two CEB representatives who shall attend the Factory Tests. The size cost of sample for such tests shall, travel and accommodation by two (2) CEB representatives attending the Factory Tests shall be borne by CEB. 8.6.2. Seller shall provide to CEB certificates of the Factory Tests in relation to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractorsequipment specified in Schedule A. 8.6.3. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of CEB and the Independent Engineer will be allowed such access rights as are necessary for it to be able to ascertain any inspections during the Construction Period, provided that it minimizes any interference with work being undertaken and furnish complies with the results thereof to health and safety rules of Seller, the Independent EngineerEPC Contractor, the supplier or any subcontractor of either of them. One half of the costs incurred on such tests, Such inspection by CEB and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionairenot reduce Seller’s obligations under this Agreement or relieve Seller of any liabilities or obligations under this Agreement. 8.6.4. Provided, however, that CEB may inspect and/or cause the Independent Engineer may, instead of carrying out to inspect the tests specified hereunder, at its option decide to witness, or participate in, any construction and testing of the tests Facility during the Construction Period and notify Seller in writing of any deficiencies, discrepancies or non-conformity with the Specification and Standards and testing requirements specified in Schedules C, D, E and H. Seller shall comply with all reasonable requests of CEB and shall ensure uninterrupted access to be undertaken by CEB for such purpose. Seller shall ensure access to the Concessionaire for its own quality assurance in accordance with Good Industry Practice, Facility during their construction and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, commissioning to the Independent Engineer for discharging its functions hereundersuch inspection. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect Such inspection by CEB or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer shall not relieve or absolve Seller of its obligations and liabilities under this Agreement in this behalfany manner whatsoever. 8.6.5. The Seller shall provide to CEB and the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results manufacturer’s testing and commissioning procedures of such tests shall be sent by the Concessionaire equipment installed in the Facility not later than 3 (three) months prior to the Independent Engineer forthwithScheduled Operation Date of the Facility.

Tests. 13.3.1 For determining At least 30 (thirty) days prior to the likely completion of the Essential Facilities, the Concessionaire shall notify the Independent Engineer of its intent to subject the Project to Tests. The date and time of each of the Tests shall be determined by the Independent Engineer in consultation with the Concessionaire, and notified to the Authority / SSNNL / FED who may designate its representative to witness the Tests. The Concessionaire shall provide such assistance as the Independent Engineer may reasonably require for conducting the Tests. In the event of the Concessionaire and the Independent Engineer failing to mutually agree on the dates for conducting the Tests, the Concessionaire shall fix the dates by not less than 10 (ten) days’ notice to the Independent Engineer. All Tests shall be conducted at the cost and expense of the Concessionaire. The Independent Engineer shall observe, monitor and review the results of the Tests to determine compliance of the Project with Specifications and Standards and if it is reasonably anticipated or determined by the Independent Engineer during the course of any Test that the Construction Works conform to performance of the Project or any part thereof does not meet the relevant applicable 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. Such procedure shall be repeated as necessary, at the discretion of the Authority / SSNNL / FED, until the defects or deficiencies are remedied. Upon completion of each Test, the Independent Engineer shall require provide to the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out / SSNNL / FED copies of all the tests in accordance with the instructions of the Independent Engineer and furnish the results thereof to the Independent Engineer. One half of the costs incurred on such tests, and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer in this behalf. The Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and StandardsTest data including detailed Test results. For the avoidance of doubt, it is expressly agreed that tests pursuant the Independent Engineer may require the Concessionaire to this Clause 13.3 shall be undertaken in addition carry out or caused to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance additional Tests, in accordance with Good Industry Practice. It is also agreed that a copy , for determining the compliance of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwithProject with relevant applicable Specifications and Standards.

Tests. 13.3.1 For determining that the Construction Development Works conform to the Agreement and Specifications and Standards, the Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out testsTests, at such time and frequency and in such manner as may be specified by the Independent Engineer Expert from time to time, time in accordance with Good Industry Practice for quality assurance. The size of sample for such tests Tests shall, to the extent possible, possible not exceed 10% (ten per cent) of the quantity and/or number of tests required by Tests that the owner or builder of such works would normally undertake in accordance with Good Industry Practice for the construction works undertaken by the Authority through their contractorsPractice. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests Tests in accordance with the instructions of the Independent Engineer Expert and furnish the results thereof to the Independent EngineerExpert. One half of the costs incurred on such testsTests, and to the extent certified by the Independent Engineer Expert as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, Provided however, that the Independent Engineer Expert may, instead of carrying out the tests Tests specified hereunder, at its option decide to witness, or participate in, any of the tests Tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer Expert for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests Tests conducted under this Clause 13.3 13.6 establish any defects or deficiencies in the Construction Development Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer Expert in this behalfregard. The Independent Engineer Expert shall require the Concessionaire to carry out or cause to be carried out tests Tests to determine that such remedial measures have brought the Construction Development Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 under Clause13.6 shall be repeated until such Construction Development Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests the Tests pursuant to this Clause 13.3 13.6 shall be undertaken in addition to and independent of the tests that shall be Tests carried out by the Concessionaire for its own quality assurance in accordance with Applicable Laws, Applicable Permits and Good Industry Practice. It is also agreed that a copy of the results of such tests Test shall be sent by the Concessionaire to the Independent Engineer Expert forthwith.

Tests. 13.3.1 8.6.1. For determining that the Construction Works conform to the Specifications and Standards, CEB and the Independent Engineer shall require be entitled to conduct inspections and attend the Concessionaire to carry out or cause to be carried out teststests in factories, at such time of suppliers of solar PV modules, inverters, XXXX and frequency the equipment comprised in the Facility (“Factory Tests”) during the Construction Period. Seller shall inform CEB and in such manner as may be specified by the Independent Engineer from time in writing at least 30 (thirty) days in advance of the date(s) on and the location at which the Factory Tests shall be conducted. CEB shall confirm to time, in accordance with Good Industry Practice for quality assuranceSeller the names of the two CEB representatives who shall attend the Factory Tests. The size cost of sample for such tests shall, travel and accommodation by two (2) CEB representatives attending the Factory Tests shall be borne by CEB. 8.6.2. Seller shall provide to CEB certificates of the Factory Tests in relation to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required by Good Industry Practice for the construction works undertaken by the Authority through their contractorsequipment specified in Schedule A. 8.6.3. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of CEB and the Independent Engineer will be allowed such access rights as are necessary for it to be able to ascertain any inspections during the Construction Period, provided that it minimizes any interference with work being undertaken and furnish complies with the results thereof to health and safety rules of Seller, the Independent EngineerEPC Contractor, the supplier or any subcontractor of either of them. One half of the costs incurred on such tests, Such inspection by CEB and to the extent certified by the Independent Engineer as reasonable, shall be reimbursed by the Authority to the Concessionairenot reduce Seller’s obligations under this Agreement or relieve Seller of any liabilities or obligations under this Agreement. 8.6.4. Provided, however, that CEB may inspect and/or cause the Independent Engineer may, instead of carrying out to inspect the tests specified hereunder, at its option decide to witness, or participate in, any construction and testing of the tests Facility during the Construction Period and notify Seller in writing of any deficiencies, discrepancies or non-conformity with the Specification and Standards and testing requirements specified in Schedules C, D, E and H. Seller shall comply with all reasonable requests of CEB and shall ensure uninterrupted access to be undertaken by CEB for such purpose. Seller shall ensure access to the Concessionaire for its own quality assurance in accordance with Good Industry Practice, Facility during their construction and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, commissioning to the Independent Engineer for discharging its functions hereundersuch inspection. For the avoidance of doubt, the costs to be incurred on any test which is undertaken for determining the rectification of any defect Such inspection by CEB or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause 13.3 establish any defects or deficiencies in the Construction Works, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Engineer shall not relieve or absolve Seller of its obligations and liabilities under this Agreement in this behalfany manner whatsoever. 8.6.5. The Seller shall provide to CEB and the Independent Engineer shall require the Concessionaire to carry out or cause to be carried out tests to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results manufacturer’s testing and commissioning procedures of such tests shall be sent by the Concessionaire equipment installed in the Facility not later than 3 (three) months prior to the Independent Engineer forthwithScheduled Operation Date of the Facility.

Tests. 13.3.1 For determining that the Construction Works with respect to the MLCP and its components conform to the Specifications and Standards, the Independent Authority’s Engineer shall require the Concessionaire to carry out or cause to be carried out tests, at such time and frequency and in such manner as may be specified by the Independent Authority’s Engineer from time to time, in accordance with Good Industry Practice for quality assurance. The size of sample for such tests shall, to the extent possible, not exceed 10% (ten per cent) of the quantity and/or number of tests required prescribed [by Good Industry Practice the Authority] for the construction works undertaken by the Authority through their contractors. The Concessionaire shall, with due diligence, carry out or cause to be carried out all the tests in accordance with the instructions of the Independent Authority’s Engineer to maintain specifications as per Schedule C of this agreement and furnish the results thereof to the Independent Authority’s Engineer. One half of the The costs incurred on such tests, and to the extent certified by the Independent Authority’s Engineer as reasonable, shall be reimbursed by the Authority to the Concessionaire. Provided, however, that the Independent Engineer may, instead of carrying out the tests specified hereunder, at its option decide to witness, or participate in, any of the tests to be undertaken by the Concessionaire for its own quality assurance in accordance with Good Industry Practice, and in such an event, the Concessionaire shall cooperate with, and provide the necessary assistance to, the Independent Engineer for discharging its functions hereunder. For the avoidance of doubt, the costs to be incurred on any test Test which is undertaken for determining the rectification of any defect or deficiency in construction shall be borne solely by the Concessionaire. 13.3.2 In the event that results of any tests conducted under this Clause Article 13.3 establish any defects or deficiencies in the Construction WorksWorks with respect to the Project/Schedule C of this agreement, the Concessionaire shall carry out remedial measures and furnish a report to the Independent Authority’s Engineer in this behalf. The Independent Authority’s Engineer shall require the Concessionaire to carry out or cause to be carried out tests for a maximum of additional 10% of the quantity stated above, to determine that such remedial measures have brought the Construction Works into compliance with the Specifications and Standards, and the procedure set forth in this Clause 13.3 shall be repeated until such Construction Works conform been made to the Specifications and Standards. For the avoidance of doubt, it is agreed that tests pursuant to this Clause 13.3 shall be undertaken in addition to and independent of the tests that shall be carried out by the Concessionaire for its own quality assurance in accordance with Good Industry Practice. It is also agreed that a copy of the results of such tests shall be sent by the Concessionaire to the Independent Engineer forthwithConstruction.