Failure to Pass Tests on Completion Sample Clauses

The 'Failure to Pass Tests on Completion' clause defines the consequences and procedures if a project or deliverable does not meet the required standards or specifications during final testing. Typically, this clause outlines the steps the contractor or service provider must take to rectify any deficiencies, such as making necessary repairs or adjustments and resubmitting the work for further testing. It may also specify timeframes for corrections and the rights of the client if the work repeatedly fails to pass. The core function of this clause is to ensure that the final product meets agreed-upon quality standards before acceptance, thereby protecting the client from substandard work and clarifying the process for addressing failures.
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Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting], the Engineer shall be entitled to: (a) order further repetition of Tests on Completion under Sub-Clause 9.3; (b) if the failure deprives the Employer of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Employer shall have the same remedies as are provided in sub-paragraph (c) of Sub-Clause 11.4 [Failure to Remedy Defects]; or
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Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under sub- clause 9.3 [Retesting] the Engineer shall be entitled to: (a) order further repetition of Tests on Completion under sub-clause 9.3; (b) if the failure deprives the Employer of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Employer shall have the same remedies as are provided in clause 11.A2 [Defects in the Works]; or
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Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub- Clause 9.3 [Retesting], the Engineer shall be entitled to: (a) order further repetition of Tests on Completion under Sub-Clause 9.3; (b) if the failure deprives the Employer of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Employer shall have the same remedies as are provided in sub- paragraph (c) of Sub-Clause 11.4 [Failure to Remedy Defects]; or (c) issue a Taking-Over Certificate, if the Employer so requests. In the event of sub-paragraph (c), the Contractor shall then proceed in accordance with all other obligations under the Contract, and the Contract Price shall be reduced by such amount as shall be appropriate to cover the reduced value to the Employer as a result of this failure. Unless the relevant reduction for this failure is stated (or its method of calculation is defined) in the Contract, the Employer may require the reduction to be (i) agreed by both Parties (in full satisfaction of this failure only) and paid before this Taking-Over Certificate is issued, or (ii) determined and paid under Sub-Clause 2.5 [Employer's Claims] and Sub-Clause 3.5 [Determinations].
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Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under sub-clause
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Failure to Pass Tests on Completion. (a) If the Works fail to pass the Tests on Completion repeated under Clause 9.3 (Retesting), the Employer shall at its sole discretion be entitled: (i) to order further repetition of Commissioning Tests under Clause 9.3 (Retesting); (ii) if the failure deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, or the Works or any part thereof do not meet the Minimum F unctional S pecifications or t he m inimum pe rformance c riteria f or satisfying the Complex Commercial Operations Test to reject the Works in which event the Employer shall have the same remedies as are provided in sub-paragraph (b)(iii) of Clause 11.4 (Failure to Remedy Defects); or (iii) issue a Taking-Over Certificate. (b) In the event of sub-paragraph ( a)(iii) above, the Contractor shall proceed in accordance with all other obligations under the Contract, and the Contractor will pay the amounts set out in Clause 9.12 (Guaranteed Performance).
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Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting], the Employer shall be entitled to: (a) order further repetition of Tests on Completion under Sub-Clause 9.3 [Retesting]; (b) accept the Works or Section and issue a Taking-Over Certificate in which event the Employer shall have the same remedies as are provided in sub paragraph (b) of Sub-Clause 11.4 [Failure to Remedy Defects]. In the event of sub-paragraph (b), the Contractor shall proceed in accordance with all other obligations under the Contract.
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Failure to Pass Tests on Completion. The Works will pass the Tests on Completion where they meet the Performance Guarantees, if applicable, the Minimum Performance Levels and other criteria stated in the Employer's Requirements as amplified in the attached Feasibility Study and Financial Model. If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting], the Employer/s, in conjunction with the financial institution providing the funding for the Project/s, shall be entitled to: (a) order further repetition of Tests on Completion under Sub-Clause 9.3; (b) levy Performance Damages in respect of any failure to meet Required Testing Performance, if the failure deprives the Employer/s of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Employer/s shall have the same remedies as are provided in sub- paragraph (c) of Sub-Clause 11.4 [Failure to Remedy Defects]; or (c) issue a Taking-Over Certificate/s. In the event of sub-paragraph (c), the Contractor shall proceed in accordance with all other obligations under the Contract post Take Over in terms of the Energy management and administration activities and in due course Water and ICT management and administration activities.
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Failure to Pass Tests on Completion. If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 9.3 [Retesting], the Employer shall be entitled to: (a) order further repetition of Tests on Completion under Sub-Clause 9.3 [Retesting]; (b) accept the Works or Section and issue a Taking-Over Certificate in which event the Employer shall have the same remedies as are provided in sub paragraph (b) of Sub-Clause 11.4 [Failure to Remedy Defects]. In the event of sub-paragraph (b), the Contractor shall proceed in accordance with all other obligations under the Contract.
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Related to Failure to Pass Tests on Completion

  • Tests on Completion (i) At least 30 (thirty) days prior to the likely completion of the Project Highway, or a Section thereof, the Contractor shall notify the Authority’s Engineer of its intent to subject the Project Highway or a Section thereof, to Tests. The date and time of each of the Tests shall be determined by the Authority’s Engineer in consultation with the Contractor, and notified to the Authority who may designate its representative to witness the Tests. The Contractor shall either conduct the Tests as directed by the Authority’s Engineer or provide such assistance as the Authority’s Engineer may reasonably require for conducting the Tests. In the event of the Contractor and the Authority’s Engineer failing to mutually agree on the dates for conducting the Tests, the Contractor shall fix the dates by giving not less than 10 (ten) days’ notice to the Authority’s Engineer. (ii) All Tests shall be conducted in accordance with Schedule-K. The Authority’s Engineer shall either conduct or observe, monitor and review the Tests conducted by the Contractor, as the case may be, and review the results of the Tests to determine compliance of the Project Highway or a Section thereof, with Specifications and Standards and if it is reasonably anticipated or determined by the Authority’s Engineer during the course of any Test that the performance of the Project Highway or Section or any part thereof, does not meet the Specifications and Standards, it shall have the right to suspend or delay such Test and require the Contractor to remedy and rectify the Defect or deficiencies. Upon completion of each Test, the Authority’s Engineer shall provide to the Contractor and the Authority copies of all Test data including detailed Test results. For the avoidance of doubt, it is expressly agreed that the Authority’s Engineer may require the Contractor to carry out or cause to be carried out additional Tests, in accordance with Good Industry Practice, for determining the compliance of the Project Highway or Section thereof with the Specifications and Standards.

  • Project Completion The Contractor agrees to schedule a final job walk with the County. If required, the County will prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the “Punch List” corrections and schedule a final project completion job walk. The County will sign the “Punch List” as completed when determined, the project is finished. The Contractor agrees to submit the following along with its final payment request:

  • Substantial Completion 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which has been accepted in writing to by the State, is substantially complete as defined in Subparagraph

  • Project Completion Report At the completion of construction and once a Project is placed in service, the Subrecipient must submit a Project Completion Report that includes the total number of units built and leased, affordable units built and leased, DR-MHP units built and leased, an accomplishment narrative, and the tenants names, demographics and income for each DR-MHP unit.

  • Construction Completion The related Construction shall have been completed substantially in accordance with the related Plans and Specifications, the related Deed and all Applicable Laws, and such Leased Property shall be ready for occupancy and operation. All fixtures, equipment and other property contemplated under the Plans and Specifications to be incorporated into or installed in such Leased Property shall have been substantially incorporated or installed, free and clear of all Liens except for Permitted Liens.