Common use of Delayed Tests Clause in Contracts

Delayed Tests. If the Tests on Completion are being unduly delayed by the Employer/s, Sub-Clause 7.4 [Testing] (fifth paragraph) and/or Sub-Clause 10.3 [Interference with Tests on Completion] shall be applicable. If the Tests on Completion are being unduly delayed by the Contractor, the Employer/s, in conjunction with the financial institution providing the funding for the Project/s may by notice require the Contractor to carry out the Tests within 21 (Twenty one) days after receiving the notice. The Contractor shall carry out the Tests on such day or days within that period as the Contractor may fix and of which he shall give notice to the Employer and the financial institution providing the funding for the Project/s. If the Contractor fails to carry out the Tests on Completion within the period of 21 (Twenty one) days, the Employer's Personnel may proceed with the Tests at the risk and cost of the Contractor. These Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the results of the Tests shall be accepted as accurate.

Delayed Tests. If the Tests on Completion are being unduly delayed by the Employer/s, Sub-Clause 7.4 [Testing] (fifth paragraph) and/or Sub-Clause 10.3 [Interference with Tests on Completion] shall be applicable. If the Tests on Completion are being unduly delayed by the Contractor, the Employer/s, in conjunction with the financial institution providing the funding for the Project/s Employer may by notice require the Contractor to carry out the Tests within 21 (Twenty one) 14 days after receiving the notice. The Contractor shall carry out the Tests on such day or days within that period as the Contractor may fix and of which he shall give notice to the Employer and the financial institution providing the funding for the Project/s. Employer. If the Contractor fails to carry out the Tests on Completion within the period of 21 (Twenty one) 14 days, the Employer's Personnel may proceed with the Tests at the risk and cost of the Contractor. This is without prejudice to the Employer's right to withhold scheduled payments under Sub-Clauses 8.7 [Delay Damages] and 15.2 [Contractor's Default]. These Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the results of the Tests shall be accepted as accurate.