Common use of Certain Performance Tests Clause in Contracts

Certain Performance Tests. After Contractor has completed Performance Tests demonstrating compliance with all Performance Test requirements and Project performance necessary to achieve Substantial Completion, it shall give Notice to Owner and the Owner Engineer that it nominates such Performance Tests as a “Completed Performance Test.” Such Notice will be accompanied by a preliminary test report for such Completed Performance Test as soon as reasonably practicable but in no event more than 24 hours after the completion of such Completed Performance Test (or as soon thereafter as such reports are first available to Contractor) providing a summary of the Performance Tests on which it is based and including all raw data taken during such Performance Tests, and a final test report within 30 days thereafter. A Final Completed Performance Test report must be delivered to Owner in accordance with Appendix C. Contractor shall include sufficient results of testing in the preliminary test report to allow Owner to reasonably determine that there is a high probability that the final test results will confirm that the applicable conditions of Substantial Completion have been achieved. As soon as practicable, but in any event within 10 Business Days after receipt of Notice by Owner and the Owner Engineer, Owner shall give Notice to Contractor either concurring with, indication it cannot confirm concurrence, or rejecting the Completed Performance Test report and stating its reasons for such Notice, as the case may be. Such procedure shall be repeated until Contractor submits a Notice demonstrating Project performance necessary to achieve Substantial Completion or Final Completion, as applicable. Subject to Article 17, if Contractor’s Notice of a Completed Performance Test is rejected by Owner, such test shall not constitute a Completed Performance Test.

Certain Performance Tests. After Contractor has completed Performance Tests demonstrating compliance with all Performance Test requirements and Project Unit performance necessary to achieve Substantial Completion of a Unit or Final Completion, it shall give Notice to Owner PSGC and the Owner PSGC Engineer that it nominates such Performance Tests as a “Completed Performance Test.” Such Each such Notice will be accompanied by a preliminary test report for such Completed Performance Test as soon as reasonably practicable but in no event more than 24 twenty-four (24) hours after the completion of such Completed Performance Test (or as soon thereafter as such reports are first available to Contractor) providing a summary of the Performance Tests on which it is based and including all raw data taken during such Performance Tests, and a final test report within 30 days thirty (30) Days thereafter. A Final Completed Performance Test report must be delivered to Owner PSGC in accordance with Appendix C. E. Contractor shall include sufficient results of testing in the preliminary test report to allow Owner PSGC to reasonably determine that there is a high probability that the final test results will confirm that the applicable conditions of Substantial Completion or Final Completion have been achieved. As soon as practicable, but in any event within 10 five (5) Business Days after receipt of Notice by Owner PSGC and the Owner PSGC Engineer, Owner PSGC shall give Notice to Contractor either concurring with, indication it cannot confirm concurrenceor rejecting, or rejecting the Completed Performance Test report and stating its reasons for rejection of such Notice, as the case may be. Such procedure shall be repeated until Contractor submits a Notice demonstrating Project Unit performance necessary to achieve Substantial Completion or Final Completion, as applicable. Subject to Article 17, if Contractor’s Notice of a Completed Performance Test is rejected by OwnerPSGC, such test shall not constitute a Completed Performance Test.