Common use of Completion Testing Clause in Contracts

Completion Testing. In conducting the Performance Test, the Functional Test, and all other testing required in this Agreement, at least thirty (30) Days prior to conducting the relevant test, Seller shall provide Purchaser and Independent Engineer a detailed test plan to confirm that the Plant conforms in all respects to the Final Drawings & Specifications (“Testing Plan”). Within ten (10) Business Days after receipt of the corresponding Testing Plan, Purchaser and Independent Engineer may provide written comments as to the same. If any comment indicates that any Testing Plan does not materially comply with the requirements contained in the Final Drawings & Specifications (“Testing Non-Compliance Comments”), Seller shall revise and resubmit the same for review and comment as provided herein; provided that if Seller disagrees with any Testing Non-Compliance Comments, the Parties will resolve such dispute following the dispute resolution procedures set forth in Section 26.1. As to any comments which are not Testing Non-Compliance Comments, Seller shall, within ten (10) Days after their receipt of such comments, provide notice to Purchaser and Independent Engineer that either (A) Seller will incorporate such comments into the corresponding Testing Plan (in which event, they shall resubmit the package for Purchaser’s and Independent Engineer’s review and comment as provided herein), or (B) Seller does not intend to incorporate the comments into the corresponding Testing Plan (which notice shall state the reasons therefor). None of the comments from Purchaser and Independent Engineer shall relieve Seller from its sole responsibility for the design, engineering, procurement and construction of the Work in accordance with the Requirements. If Purchaser does not respond within such ten (10) Business Day period then, Seller shall provide an additional notice and if Purchaser fails to respond within two (2) Business Days after Seller’s redelivery of a Testing Plan with any written comments, Seller shall proceed with the Testing Plan, provided that neither any comments from Purchaser nor the absence thereof shall be deemed any acceptance by Purchaser of the Testing Plan or waive any right of Purchaser under this Agreement. 36

Completion Testing. In conducting the Performance Test, the Functional Test, and all other testing required in this Agreement, at least thirty (30) Days prior to conducting the relevant test, Seller shall provide Purchaser and Independent Engineer a detailed test plan to confirm that the Plant ▇▇▇▇ conforms in all respects to the Final Drawings & Specifications (“Testing Plan”). Within ten (10) Business Days after receipt of the corresponding Testing Plan, Purchaser and Independent Engineer may provide written comments as to the same. If any comment indicates that any a Testing Plan does not materially comply with the requirements contained in the Final Drawings & Specifications (“Testing Non-Compliance Comments”), Seller shall revise and resubmit the same for review and comment as provided herein; provided that if Seller disagrees with any Testing Non-Compliance Comments, the Parties will resolve such dispute following the dispute resolution procedures set forth in Section 26.1. As to any comments which are not Testing Non-Compliance Comments, Seller shall, within ten (10) Days after their receipt of such comments, provide notice to Purchaser and Independent Engineer that either (A) Seller will incorporate such comments into the corresponding Testing Plan (in which event, they shall resubmit the package for Purchaser’s and Independent Engineer’s review and comment as provided herein), or (B) Seller does not intend to incorporate the comments into the corresponding Testing Plan (which notice shall state the reasons therefor). None of the comments from Purchaser and Independent Engineer shall relieve Seller from its sole responsibility for the design, engineering, procurement and construction of the Work in accordance with the Requirements. If Purchaser does not respond within such ten (10) Business Day period then, Seller shall provide an additional notice and if Purchaser fails to respond within two (2) Business Days after Seller’s redelivery of a Testing Plan with any written comments, Seller shall proceed with the Testing Plan, provided that neither any comments from Purchaser nor the absence thereof shall be deemed any acceptance by Purchaser of the Testing Plan or waive any right of Purchaser under this Agreement. 3634