Common use of Delayed Tests Clause in Contracts

Delayed Tests. 7.3.1 If the Final Acceptance Tests have not been performed and Final Acceptance has been deemed to have occurred pursuant to Section 7.2(b): (a) the Project shall be properly maintained by Owner at Owner's expense in accordance with: (i) good industry practices; and (ii) operation and maintenance manuals, instructions and specific recommendations provided by Contractor to Owner; and (b) once every 6 (six) weeks until the Final Acceptance Tests can be performed Contractor may conduct an inspection of the Project to ensure proper maintenance of the Project, at Owner's expense, is being carried out. 7.3.2 If geothermal fluid has been run through any part of the Project or the Project has otherwise been operated by Owner, for a cumulative period of more than 6 (six) weeks, Contractor may require that the parties jointly open and inspect the Project prior to the Final Acceptance Tests being carried out. 7.3.3 Subject to Subsection 7.3.5, if the events that prevented the commencement of the testing cease, the parties shall inspect the Project and: (a) if the Project is in good, clean and as-installed condition, Contractor will proceed within a reasonable period of time to conduct the Final Acceptance Tests not previously completed; or (b) if the Project is not in good, clean and as-installed condition, prior to the conduct of the Final Acceptance Tests, Contractor will within a reasonable period of time clean and repair the Project (as Contractor reasonably deems appropriate) at Owner's expense and then conduct such tests; and (c) if the Project can not be cleaned and/or repaired to a standard to enable the Final Acceptance Tests to be carried out, the testing protocols and requirements shall be revised accordingly to adjust for the constraints which prevent such tests from being performed as originally defined and within a reasonable period of time Contractor shall conduct such revised tests. 7.3.4 Contractor shall be paid all costs and expenses arising directly from such prevention and delay, including without limitation those costs and expenses reasonably incurred for demobilization and remobilization and increased costs and expenses incurred for rescheduling of the testing. 7.3.5 Contractor's obligations under this Section 7.3 shall cease upon the end of the earlier of (a) 8 (eight) months after the date of the deemed Substantial Completion under Subsection 7.1.3 or (b) 7 (seven) months after the date of deemed Final Acceptance under Section 7.2(b), if Contractor has not been able to commence the testing for Final Acceptance before the end of the applicable period.