Common use of Further Tests Clause in Contracts

Further Tests. If repairs or replacements are of such a character as may affect the operation of the Facility or any part thereof, PacifiCorp may, within one (1) month after such repair or replacement, give to Developer notice requiring further testing to be conducted, in which case such tests shall be carried out at Developer’s cost and as provided in article 18. Developer to Diagnose. Developer shall, if required by PacifiCorp’s Representative in writing and under the direction of PacifiCorp’s Representative, diagnose the cause of any Defect. Unless such Defect or its cause shall be one which Developer would otherwise be responsible for repairing, the costs incurred by Developer in diagnosing such Defect shall, subject to this article 23, be borne by PacifiCorp and added to the Contract Price. Latent Defects. Developer’s liability for Latent Defects shall remain in full force and effect during all phases of the Work for a period beginning on the Substantial Completion Date and ending five (5) years thereafter (the “Latent Defects Liability Period”). If any Latent Defect shall appear in any part of the Work during the Latent Defects Liability Period, such Latent Defect shall be repaired by Developer with all possible speed and at Developer’s sole cost and expense, provided that the Latent Defect existed and would not have been disclosed by a reasonable examination conducted in accordance with Prudent Industry Practice prior to the expiration of the Defects Liability Period. Developer agrees that any examination of the Work undertaken by PacifiCorp at a relevant time shall, in respect of that part of the Work examined, constitute a reasonable examination conducted in accordance with Prudent Industry Practice within the meaning of this Article. During the Latent Defects Liability Period, in the event Developer’s OEM issues any notice, including Technical Information Letters, service bulletins or similar notices recommending replacement or repair of one or more parts of the Equipment and such repair or replacement is necessary for continued safe operation of the Equipment or is issued to address a defect in material, or workmanship (each a “Latent Defect”), Developer shall repair or replace the affected parts in accordance with and subject to all the terms of the Warranty provided that PacifiCorp shall make the affected Work reasonably available for performance of the repairs or modifications and Developer shall cooperate with PacifiCorp in scheduling such modifications or repairs in order to avoid disruption to PacifiCorp’s operations.

Further Tests. If repairs the work of remedying of any defect or replacements are of such a character as damage may affect the operation performance of the Facility Works, the Engineer may require the repetition of any of the tests described in the Contract. The requirement shall be made by notice within 28 days after the defect or any part thereof, PacifiCorp may, within one (1) month after such repair or replacement, give to Developer notice requiring further testing to be conducted, in which case such damage is remedied. These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at Developerthe risk and cost of the Party liable, under Sub-Clause 11.2 [Cost of Remedying Defects], for the cost of the remedial work. Right of Access Until the Performance Certificate has been issued, the Contractor shall have such right of access to the Works as is reasonably required in order to comply with this Clause, except as may be inconsistent with the Procuring entity’s cost and as provided in article 18reasonable security restrictions. Developer Contractor to Diagnose. Developer Search The Contractor shall, if required by PacifiCorp’s Representative in writing and the Engineer, search for the cause of any defect, under the direction of PacifiCorp’s Representative, diagnose the cause of any DefectEngineer. Unless such Defect or its cause the defect is to be remedied at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Cost of the search plus profit shall be one which Developer would otherwise agreed or determined by the Engineer in accordance with Sub-Clause 3.5 [Determinations] and shall be responsible for repairing, the costs incurred by Developer included in diagnosing such Defect shall, subject to this article 23, be borne by PacifiCorp and added to the Contract Price. Latent Defects. Developer’s liability for Latent Defects shall remain in full force and effect during all phases Performance Certificate Performance of the Work for a period beginning Contractor’s obligations shall not be considered to have been completed until the Engineer has issued the Performance Certificate to the Contractor, stating the date on which the Substantial Completion Date and ending five (5) years thereafter (Contractor completed his obligations under the “Latent Defects Liability Period”)Contract. If any Latent Defect The Engineer shall appear in any part issue the Performance Certificate within 28 days after the latest of the Work during the Latent Defects Liability Period, such Latent Defect shall be repaired by Developer with all possible speed and at Developer’s sole cost and expense, provided that the Latent Defect existed and would not have been disclosed by a reasonable examination conducted in accordance with Prudent Industry Practice prior to the expiration expiry dates of the Defects Liability PeriodNotification Periods, or as soon thereafter as the Contractor has supplied all the Contractor’s Documents and completed and tested all the Works, including remedying any defects. Developer agrees that any examination A copy of the Work undertaken by PacifiCorp at a relevant time shall, in respect of that part Performance Certificate shall be issued to the Procuring entity. Only the Performance Certificate shall be deemed to constitute acceptance of the Work examinedWorks. Unfulfilled Obligations After the Performance Certificate has been issued, constitute a reasonable examination conducted each Party shall remain liable for the fulfilment of any obligation which remains unperformed at that time. For the purposes of determining the nature and extent of unperformed obligations, the Contract shall be deemed to remain in accordance with Prudent Industry Practice force. Clearance of Site Upon receiving the Performance Certificate, the Contractor shall remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site. If all these items have not been removed within 28 days after receipt by the meaning of this Article. During the Latent Defects Liability Period, in the event Developer’s OEM issues any notice, including Technical Information Letters, service bulletins or similar notices recommending replacement or repair of one or more parts Contractor of the Equipment Performance Certificate, the Procuring entity may sell or otherwise dispose of any remaining items. The Procuring entity shall be entitled to be paid the costs incurred in connection with, or attributable to, such sale or disposal and such repair or replacement is necessary for continued safe operation restoring the Site. Any balance of the Equipment or is issued moneys from the sale shall be paid to address a defect in materialthe Contractor. If these moneys are less than the Procuring entity’s costs, or workmanship (each a “Latent Defect”), Developer the Contractor shall repair or replace pay the affected parts in accordance with and subject outstanding balance to all the terms of the Warranty provided that PacifiCorp shall make the affected Work reasonably available for performance of the repairs or modifications and Developer shall cooperate with PacifiCorp in scheduling such modifications or repairs in order to avoid disruption to PacifiCorp’s operationsProcuring entity.