Common use of The Trial Clause in Contracts

The Trial. 6.1 The Recipient shall conduct the Trial for the trial period as stipulated in Schedule 1 to this Agreement in accordance with the terms and conditions of this Agreement unless the Government agrees otherwise in writing. 6.2 The Recipient shall provide the particulars of the Subsidized Products including the registered owners and vehicle(s) / vessel(s) registration numbers to the Government and agree that such information will be disclosed to the relevant Government departments including without limitation to the Transport Department and Marine Department. The Government reserves the right to request for further information if deemed necessary. 6.3 The Recipient is hereby informed and also agrees that the relevant Government departments referred to in Clause 6.2 above to inform other Government departments including without limitation the Environment and Ecology Bureau (Environment Branch) whenever this is any change in the ownership of the Subsidized Product. This Clause shall survive the completion of this Agreement and shall continue in full force and effect notwithstanding such completion of this Agreement. 6.4 The Recipient shall not sell or assign the Subsidized Products which are purchased with the provision of the Subsidy in accordance with this Agreement before the completion of the trial period of the Trial as stipulated in Schedule 1 to this Agreement without the written consent of the Government. The Government may exercise the right to terminate this Agreement and be entitled to cease to pay any unpaid portions of the Subsidy to the Recipient immediately. The Government shall be entitled to require the Recipient to forthwith return to the Government all the Subsidy it has already received. 6.5 The Recipient shall not use the Subsidized Product during the trial period of the Trial as stipulated in Schedule 1 to this Agreement to fulfill the contractual obligations in, arising from or incidental to any government contract(s) which the Recipient or other party has signed or will sign with the Government. 6.6 The Recipient shall install an independent meter to record the fuel/energy consumption of each unit of charging or similar support system of Subsidized Product during the trial period of the Trial as stipulated in Schedule 1 to this Agreement. 6.7 The Recipient shall ensure that its directors, staff and agents will not offer, solicit or accept any advantage (as defined in the Prevention of Bribery Ordinance (Cap. 201)) in connection with the Trial.

The Trial. 6.1 The Recipient shall conduct the Trial for the trial period Trial Period, unless the Government agrees otherwise in writing, as stipulated in Schedule 1 to this Agreement and in accordance with the terms and conditions of this Agreement unless the Government agrees otherwise in writingAgreement. 6.2 The Recipient shall provide the particulars of the Subsidized Products including the registered owners and vehicle(s) / vessel(s) registration numbers to the Government and agree that such information will be disclosed to the relevant Government departments including without limitation to the Transport Department and Marine Department. The Government reserves the right to request for further information if deemed necessary. 6.3 The Recipient is hereby informed and also agrees that the relevant Government departments referred to in Clause 6.2 above to inform other Government departments including without limitation the Environment and Ecology Bureau (Environment Branch) whenever this is any change in the ownership of the Subsidized Product. This Clause shall survive the completion of this Agreement and shall continue in full force and effect notwithstanding such completion of this Agreement. 6.4 The Recipient shall not sell or assign the Subsidized Products which are purchased with the provision of the Subsidy in accordance with this Agreement before the completion of the trial period end of the Trial as stipulated in Schedule 1 to this Agreement Period without the prior written consent of the Government. 6.3 The Recipient shall designate the Subsidized Products to be operated in the routes as stipulated in Schedule 1, and shall operate the Subsidized Products as other LPG/diesel Public Light Bus of the same route to the extent that is reasonably practicable. The Recipient shall revise the proposed routes as reasonably requested by the Government may exercise after consulting the right to terminate this Agreement and be entitled to cease to pay any unpaid portions of the Subsidy Recipient. 6.4 The Government will provide a trial programme to the Recipient immediatelyfor the Trial within six (6) months from the date of signing this Agreement. The trial programme will set out the details of the Trial which shall include but not limited to: (a) trial routes for the Subsidized Products; (b) locations of the Charging Facilities; and (c) trial data to be collected in the Trial during the Trial Period. 6.5 The Recipient shall implement the trial programme under Clause 6.4 during the Trial Period. The Recipient shall obtain prior written approval from the Government for any amendment to the trial programme during the Trial Period. 6.6 The Recipient shall collect and/or allow to collect trial data for assessing the environmental, operational and economic performance of the Subsidized Products in the Trial during the Trial Period pursuant to the trial programme under Clause 6.4. The daily availability, distance travelled and electricity consumption of the Subsidized Products shall be entitled recorded as part of the trial data and be collected in such a manner reasonable to require the Parties during the Trial Period. 6.7 The Recipient to forthwith return with the help of the Independent Assessor shall report the progress of the Trial and the trial data collected from the Trial to the Government all on a monthly basis during the Subsidy it has already receivedTrial Period. 6.5 6.8 Upon request by the Government and with the consent of the Recipient (such consent shall not be unreasonably withheld or delayed), the Recipient shall make available the Subsidized Product to the Government for the testing of its performance by the means as advised by the Government after consulting the Recipient. In such circumstances, the Recipient shall provide the necessary assistance and support to facilitate the testing, which shall include but not limited to provision of public light bus driver and electricity at the Recipient’s own cost and expense. 6.9 The Recipient shall not use the Subsidized Product during the trial period of the Trial as stipulated in Schedule 1 to this Agreement Period to fulfill the any contractual obligations in, arising from or incidental to obligation in respect of any government contract(s) which requirement imposed in any public works contract that the Recipient or other party has signed or will sign with the Government. 6.6 The Recipient shall install an independent meter to record the fuel/energy consumption of each unit of charging or similar support system of Subsidized Product during the trial period of the Trial as stipulated in Schedule 1 to this Agreement. 6.7 6.10 The Recipient shall ensure that its directors, staff officers, employees and agents will not offer, solicit or accept any advantage (as defined in the Prevention of Bribery Ordinance (Cap. 201Chapter 201 of the Laws of Hong Kong)) in connection with the Trial.

The Trial. 6.1 The Recipient shall conduct the Trial for the trial period as stipulated in Schedule 1 to this Agreement in accordance with the terms and conditions of this Agreement unless the Government agrees otherwise in writing. 6.2 The Recipient shall provide the particulars of the Subsidized Subsidised Products including the registered owners and vehicle(s) / vessel(s) registration numbers to the Government and agree that such information will be disclosed to the relevant Government departments including without limitation to the Transport Department and Marine Department. The Government reserves the right to request for further information if deemed necessary. 6.3 The Recipient is hereby informed and also agrees that the relevant Government departments referred to in Clause 6.2 above to inform other Government departments including without limitation the Environment and Ecology Bureau (Environment Branch) whenever this is any change in the ownership of the Subsidized Subsidised Product. This Clause shall survive the completion of this Agreement and shall continue in full force and effect notwithstanding such completion of this Agreement. 6.4 The Recipient shall not sell or assign the Subsidized Subsidised Products which are purchased with the provision of the Subsidy in accordance with this Agreement before the completion of the trial period of the Trial as stipulated in Schedule 1 to this Agreement without the written consent of the Government. The Government may exercise the right to terminate this Agreement and be entitled to cease to pay any unpaid portions of the Subsidy to the Recipient immediately. The Government shall be entitled to require the Recipient to forthwith return to the Government all the Subsidy it has already received. 6.5 The Recipient shall not use the Subsidized Subsidised Product during the trial period of the Trial as stipulated in Schedule 1 to this Agreement to fulfill the contractual obligations in, arising from or incidental to any government contract(s) which the Recipient or other party has signed or will sign with the Government. 6.6 The Recipient shall install an independent meter to record the fuel/energy consumption of each unit of charging or similar support system of Subsidized Subsidised Product during the trial period of the Trial as stipulated in Schedule 1 to this Agreement. 6.7 The Recipient shall ensure that its directors, staff and agents will not offer, solicit or accept any advantage (as defined in the Prevention of Bribery Ordinance (Cap. 201)) in connection with the Trial.

The Trial. 6.1 The Recipient shall conduct the Trial for the trial period Trial Period, unless the Government agrees otherwise in writing, as stipulated in Schedule 1 to this Agreement and in accordance with the terms and conditions of this Agreement unless the Government agrees otherwise in writingAgreement. 6.2 The Recipient shall provide the particulars of the Subsidized Products including the registered owners and vehicle(s) / vessel(s) registration numbers to the Government and agree that such information will be disclosed to the relevant Government departments including without limitation to the Transport Department and Marine Department. The Government reserves the right to request for further information if deemed necessary. 6.3 The Recipient is hereby informed and also agrees that the relevant Government departments referred to in Clause 6.2 above to inform other Government departments including without limitation the Environment and Ecology Bureau (Environment Branch) whenever this is any change in the ownership of the Subsidized Product. This Clause shall survive the completion of this Agreement and shall continue in full force and effect notwithstanding such completion of this Agreement. 6.4 The Recipient shall not sell or assign the Subsidized Products which are purchased with the provision of the Subsidy in accordance with this Agreement before the completion of the trial period end of the Trial as stipulated in Schedule 1 to this Agreement Period without the prior written consent of the Government. 6.3 The Recipient shall designate the Subsidized Products to be operated in the routes as stipulated in Schedule 1, and shall operate the Subsidized Products as other LPG/diesel Public Light Bus of the same route to the extent that is reasonably practicable. The Recipient shall revise the proposed routes as reasonably requested by the Government may exercise after consulting the right to terminate this Agreement and be entitled to cease to pay any unpaid portions of the Subsidy Recipient. 6.4 The Government will provide a trial programme to the Recipient immediatelyfor the Trial within six (6) months from the date of signing this Agreement. The trial programme will set out the details of the Trial which shall include but not limited to: (a) trial routes for the Subsidized Products; (b) locations of the Charging Facilities; (c) charging arrangement for the Subsidized Products, including but not limited to the proportion of charging timing using pantograph(s) and plug-in charger(s) during the Trial Period; and (d) trial data to be collected in the Trial during the Trial Period. 6.5 The Recipient shall implement the trial programme under Clause 6.4 during the Trial Period. The Recipient shall obtain prior written approval from the Government for any amendment to the trial programme during the Trial Period. 6.6 The Recipient shall collect and/or allow to collect trial data for assessing the environmental, operational and economic performance of the Subsidized Products in the Trial during the Trial Period pursuant to the trial programme under Clause 6.4. The daily availability, distance travelled and electricity consumption of the Subsidized Products shall be entitled recorded as part of the trial data and be collected in such a manner reasonable to require the Parties during the Trial Period. 6.7 The Recipient to forthwith return with the help of the Independent Assessor shall report the progress of the Trial and the trial data collected from the Trial to the Government all on a monthly basis during the Subsidy it has already receivedTrial Period. 6.5 6.8 Upon request by the Government and with the consent of the Recipient (such consent shall not be unreasonably withheld or delayed), the Recipient shall make available the Subsidized Product to the Government for the testing of its performance by the means as advised by the Government after consulting the Recipient. In such circumstances, the Recipient shall provide the necessary assistance and support to facilitate the testing, which shall include but not limited to provision of public light bus driver and electricity at the Recipient’s own cost and expense. 6.9 The Recipient shall not use the Subsidized Product during the trial period of the Trial as stipulated in Schedule 1 to this Agreement Period to fulfill the any contractual obligations in, arising from or incidental to obligation in respect of any government contract(s) which requirement imposed in any public works contract that the Recipient or other party has signed or will sign with the Government. 6.6 The Recipient shall install an independent meter to record the fuel/energy consumption of each unit of charging or similar support system of Subsidized Product during the trial period of the Trial as stipulated in Schedule 1 to this Agreement. 6.7 6.10 The Recipient shall ensure that its directors, staff officers, employees and agents will not offer, solicit or accept any advantage (as defined in the Prevention of Bribery Ordinance (Cap. 201Chapter 201 of the Laws of Hong Kong)) in connection with the Trial.