Common use of Inspection and Testing Clause in Contracts

Inspection and Testing. Once the Goods have been installed and commissioned, the Supplier shall inform the Authority in writing that the Goods are ready for use. The following process will then apply: within five (5) Business Days of receipt of such written confirmation from the Supplier that the Goods are ready to use, the Authority may carry out any such reasonable inspections and testing of the Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Inspection and Testing. Once (i) Prior to Closing, Buyer shall have the Goods have been installed and commissioned, the Supplier shall inform the Authority in writing that the Goods are ready for use. The following process will then apply: within five (5) Business Days of receipt of such written confirmation from the Supplier that the Goods are ready to use, the Authority may carry out any such reasonable inspections and testing of the Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shallright, at its own expense as part sole cost and expense, to review the Company’s and its Subsidiaries’ Phase I environmental assessments of the Contract PriceOil and Gas Interests and to conduct any further Phase I or other non-invasive environmental assessment of the Oil and Gas Interests it deems appropriate, forthwith reto the extent that the Company and its Subsidiaries have the authority to grant such right to Buyer; provided that the Company and its Subsidiaries shall use commercially reasonable efforts to obtain all authority necessary to grant to Buyer the right to all Phase I or other non-supplyinvasive environmental assessments that Buyer determines are necessary with respect to the Oil and Gas Interests. Buyer shall promptly provide to the Company any reports prepared by third party consultants for Buyer. The Company and its Subsidiaries and Buyer shall keep all information relating to such assessments and any internal documents regarding Buyer’s environmental assessments strictly confidential whether or not Closing occurs, re-install and/or re-commission except as may be required pursuant to any Environmental Laws. (ii) Buyer waives and releases all claims against the Goods until such time as Goods in compliance with the requirements of this Contract are deliveredSellers, installedtheir affiliates, and commissioned each of their respective partners, members, directors, officers, employees, agents and other representatives and their successor and assigns (collectively, the “Sellers’ Group”), for injury to or death of persons, or damage to property, arising in any way from the reasonable satisfaction exercise of the Authority and the Authority has provided an Authority Confirmation rights granted to the Supplier Buyer pursuant to this effect. The Contract Price payable by Section 2.07 or the Authority under this Contract may be withheld by activities of Buyer or its employees, agents or contractors on the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed Oil and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, Gas Interests in connection with any Maintenance Services)therewith. BUYER SHALL INDEMNIFY THE SELLERS’ GROUP AGAINST AND HOLD THE MEMBERS OF THE SELLERS’ GROUP HARMLESS FROM ANY AND ALL LOSS, thenCOST, following the installation and commissioning of the replacement GoodsDAMAGE, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 EXPENSE OR LIABILITY WHATSOEVER, INCLUDING ATTORNEY’S FEES, ARISING OUT OF (inclusiveI) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement GoodsANY AND ALL STATUTORY OR COMMON LAW LIENS OR OTHER ENCUMBRANCES FOR LABOR OR MATERIALS FURNISHED IN CONNECTION WITH SUCH TESTS, SAMPLINGS, STUDIES OR SURVEYS AS BUYER MAY CONDUCT WITH RESPECT TO THE OIL AND GAS INTERESTS; AND (II) ANY INJURY TO OR DEATH OF PERSONS OR DAMAGE TO PROPERTY OCCURRING IN, ON OR ABOUT THE OIL AND GAS INTERESTS AS A RESULT OF SUCH EXERCISE OR ACTIVITIES, NOTWITHSTANDING THE SOLE, JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF, OR BREACH OF REPRESENTATION, WARRANTY OR CONTRACT BY, ANY OF THE SELLERS’ GROUP, BUT EXCLUDING, HOWEVER, THOSE LOSSES, COSTS, DAMAGES, EXPENSES AND LIABILITIES ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE SELLERS OR ANY REPRESENTATIVE, EMPLOYEE, CONSULTANT, INDEPENDENT CONTRACTOR OR SUBCONTRACTOR OF THE SELLERS.

Inspection and Testing. Once WESCO reserves the Goods have been installed right to review Seller’s quality assurance and commissionedquality control manuals, procedures, production operations, any associated documentation, and to inspect and witness Seller’s testing. To this end, WESCO must be granted access to all parts of Seller’s plant(s) or Seller’s subcontractor’s plant(s) engaged in the manufacturing or processing of any part of the Goods. The inspection and witnessing of testing by ▇▇▇▇▇’s representatives, the Supplier shall inform lack thereof, or lack of comment or other response from ▇▇▇▇▇’s representative will in no way release Seller from any of Seller’s obligations under the Authority Agreement. Seller must ensure that this term becomes a part of Seller’s purchase orders to subcontractor’s manufacturing or processing any part of the Goods. Seller and Seller’s subcontractors must notify WESCO at least five calendar days in writing that advance of the Goods are ready date when any inspection or test can be made. If, for use. The following process will then apply: within five (5) Business Days of receipt of such written confirmation from the Supplier that the Goods are ready to useany reason, the Authority may carry date is set back, Seller must notify WESCO immediately. Unless otherwise stated, Seller must furnish the status of any engineering, material procurement, production and shipping information every 14 days. Seller and its subcontractors must furnish at their own expense all tools, instruments, apparatus, equipment, utilities, facilities, services and materials necessary for carrying out any such reasonable safe and convenient inspections and testing tests. Notwithstanding any of the foregoing, the making or failure to make any inspection of the Goods as the Authority deems appropriate (must in accordance with the relevant manufacturers’ technical manuals relating no way impair WESCO’s right to the reject defective Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed or Goods that breach any applicable warranty or representation, nor be deemed to constitute acceptance by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing WESCO of the Goods; if , nor in any way affect Seller’s obligations under the Authority on inspection and testing is Agreement. Additionally, Seller must at Seller’s expense furnish to WESCO a reasonable number of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority samples of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Inspection and Testing. Once the Goods have been installed and commissioned, the Supplier shall inform the Authority in writing that the Goods are ready for use. The following process will then apply: within five (5) Business Days of receipt of such written confirmation from the Supplier that the Goods are ready to use, the Authority may carry out any such reasonable inspections and testing of the Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 7 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 7 that the Goods are ready to use. The issue by the Authority of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 7 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 7 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Inspection and Testing. Once the Goods have been installed and commissioned, the 5.4.1 The Supplier shall inform the Authority in writing that the Goods are ready for use. The following process will then apply: within five (5) Business Days of receipt of such written confirmation from the Supplier that the Goods are ready perform all inspection, testing and quality assurance to use, the Authority may carry out any such reasonable inspections and testing of the Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm ensure that the Goods comply with this Contract, Good Industry Practice and the quality assurance requirements of this Contract set out in the Technical Specification, as such inspection, testing and quality assurance are ready for use; as part of more particularly described in the Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections Technical Specification and testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements Testing and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effectInspection Plan. In the event of any Dispute conflict between the Authority requirements of the Technical Specification and the Supplier regarding requirements specified in the issue of an Authority ConfirmationTest and Inspection Plan, the Dispute requirements in the Technical Specification shall take precedence. 5.4.2 The Supplier shall identify any instances of non-conformance with the Technical Specification or any other requirement of this Contract and immediately upon such occurrence shall issue a non-conformance report in respect thereof to the Contracting Entity and the Owner's Engineer. Non-conformances may relate, amongst others, to the physical works, materials, documentation, equipment used, methods or procedures followed and/or personnel employed. The Supplier shall report to the Contracting Entity and the Owner's Engineer on the Supplier's resolution of any such non-conformance, and shall identify any re-occurring non-conformances which have common causes. 5.4.3 The Supplier shall arrange for the Contracting Entity, its insurers, any providers of finance, the Owner's Engineer, the Third Party Inspector and their agents (together the "Inspection Parties", and each an "Inspection Party") to have full and free access, on reasonable notice, to the Manufacturing Facility and to the premises of Subcontractors to permit such Persons to inspect work being performed. The Contracting Entity shall procure that the Inspection Parties shall comply with the health and safety requirements applicable in respect of the Manufacturing Facility and the premises of Subcontractors (as applicable) when undertaking inspections in accordance with this clause 5.4.3. 5.4.4 The Supplier shall provide the Contracting Entity and the Third Party Inspector with seven (7) Days' prior written notice of all tests and inspections which are to be dealt with conducted, in accordance with the Dispute Resolution ProcedureTest and Inspection Plan, and the Supplier shall reconfirm the intention to conduct such tests and inspections three (3) Days prior to the performance thereof. In The Inspection Parties shall be entitled to attend any or all such tests or inspections and the event Contracting Entity shall give prior notification to the Supplier of the intention of such parties to attend any inspection where possible. All tests and inspections shall be carried out with the attendance of the Third Party Inspector. If any Inspection Party (other than the Third Party Inspector) does not attend at the time and place specified, the Supplier may proceed with the tests, unless otherwise instructed by the Contracting Entity. The Contractor shall not be relieved of any obligation, responsibility or liability by reason only of the fact that any Inspection Parties have not attended such tests or provided any comment on the results of them. 5.4.5 If any Goods which are the subject of any test or inspection required pursuant to the Technical Specification and/or as specified in the Test and Inspection Plan fail such test or inspection, the Supplier shall issue a non-conformance report in respect of such failure to the Contracting Entity and the Owner's Engineer, shall promptly quarantine the relevant Goods and shall make good the defect (including any and all defects identified in any non-conformance report issued by the Third Party Inspector in respect of such Goods as a result of such test or inspection) and the Goods in question shall be retested at a time and date agreed with the Contracting Entity and the Third Party Inspector. If the retesting causes the Contracting Entity to incur additional costs, the Supplier shall pay these costs to the Contracting Entity or such costs may be deducted by the Contracting Entity from any monies due or which may become due to the Supplier under this Contract. 5.4.6 If any Inspection Party reasonably requires further or additional tests or inspections to be carried out, such tests or inspections shall be carried out by the Supplier at a time and place to be agreed with the relevant Inspection Party. 5.4.7 Following successful satisfaction of all tests and inspections required pursuant to the Technical Specification and Tender Response Document states that the Test and Inspection Plan in respect of the Goods, the Supplier shall issue a Type 3.1 Certificate in respect of such Goods. 5.4.8 Within seven (7) Days following the issue by the Supplier of the Type 3.1 Certificate in accordance with clause 5.4.7, upon successful satisfaction of all tests and inspections required pursuant to the Technical Specification and the Test and Inspection Plan in respect of Goods, and upon review and approval by the Third Party Inspector of the Type 3.1 Certificate, the Third Party Inspector shall issue a Type 3.2 Certificate and a Release Notice in respect of such Goods. 5.4.9 The Supplier shall arrange for all reasonable facilities (including but not limited to office accommodation and test equipment) and assistance to be provided at the Manufacturing Facility or the site of the relevant inspection and/or test (if different to the Manufacturing Facility) to the Inspection Parties to enable inspection and/or testing in accordance with this clause 5.4 at no charge to the Inspection Parties. 5.4.10 At least thirty (30) Days prior to the Supplier's intended date of shipment of the Goods (whether by ship, rail, truck or otherwise) from the applicable Point of Departure to the relevant Delivery Point (such shipment to be in accordance with clause 10 (Delivery and Acceptance of Goods)), the Supplier shall notify in writing the Contracting Entity, the Owner's Engineer and the EPC Contractor of the shipment date and the location of the Point of Departure together with such other details as the Contracting Entity, Owner's Engineer and/or EPC Contractor may reasonably request. The Inspection Parties shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods set out in Clauses 2.1 entitled to 2.4 (inclusive) of this Schedule 8 shall apply to inspect the Goods within each phase and/or instance prior to shipment and to inspect and witness the packing and loading of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed for shipment in accordance with the requirements of this Contract clause 10.1 (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Inspection and Testing. Once Developer and its officers, employees, consultants, contractors or agents (“Developer parties”) shall have adequate access at reasonable hours to the Goods Optioned Property to physically inspect the Optioned Property, survey the Optioned Property, obtain land use, economic feasibility and engineering information, develop pre- construction architectural information, take photographs, conduct tests and studies that Developer deems appropriate, including invasive testing such as borings and excavating test holes and test pits, and otherwise examine the Optioned Property in preparation for development of the Project (the “Inspection Rights”). 11.1.1. Developer parties shall keep Port reasonably informed of all such activities and shall give at least forty-eight (48) hours’ prior written notice to Port, Attention: Director of Real Estate Development, ▇▇▇▇ ▇▇▇▇▇▇▇. Port may elect to have been installed one or more representatives present during the exercise of Inspection Rights. 11.1.2. Notwithstanding the foregoing, Developer parties shall not conduct any invasive and/or destructive testing on or about the Optioned Property without Port's prior written approval of a detailed scope of work/work plan, which approval shall not be unreasonably withheld, conditioned or delayed. Before conducting any invasive or intrusive testing such as borings or test holes, Developer parties shall give Port at least forty-eight (48) hours’ prior written notice, and commissioned, shall exercise commercially reasonable efforts to coordinate the Supplier shall inform the Authority in writing that the Goods are ready for use. The following process will then apply: within five (5) Business Days of receipt date and time of such written confirmation from testing to enable Port’s representatives and/or consultants to be present to take duplicate samples and record the Supplier methods used by Developer parties; provided that the Goods are ready to use, the Authority may carry out any such reasonable inspections and testing of the Goods as the Authority deems appropriate (in accordance Port’s representatives and/or consultants shall not materially interfere with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements work of this Contract and are ready for use; as part Developer parties. Developer Item # 6a Attach 1 REVISED Date of the Contract PriceMeeting June 10, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority 2014______ shall be deemed solely responsible for the cost of all work conducted by or on behalf of Developer pursuant to have provided an Authority Confirmation in relation to such Goods on these Inspection Rights or otherwise, except for the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority cost of any Authority Confirmation of Port’s representatives or consultants. Developer shall be a confirmation that the correct Goods appear to have been supplied promptly share, upon receipt and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Pricecost, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection all data and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement Goodsadditional information obtained from its Inspection Rights.

Inspection and Testing. Once 6.1 Prior to the Goods have been installed and commissioneddelivery of any Deliverables, the Supplier shall inform the Authority in writing must conduct inspections and testing to verify that the Goods are ready for useDeliverables have no apparent Defects. 6.2 Following delivery of the Deliverables, BCE reserves the right to inspect and conduct testing of the Deliverables to satisfy itself that the Deliverables have no apparent Defects. The following process Where specified in the Purchase Order or otherwise agreed between the parties, the Supplier must conduct, or assist in the conduct of, such testing.‌ 6.3 If the inspection and testing under clause 6.2 demonstrates that any Deliverable has any Defects, then BCE may, on written notice to the Supplier: (a) require the Supplier to modify the relevant Deliverable or supply a replacement Deliverable, so that it meets the requirements of this Agreement, in which case BCE may require further inspection and testing under clause 6.2; (b) withhold payment under this Agreement until the relevant Deliverable meets the requirements of this Agreement, in which case BCE may require further inspection and testing under clause 6.2; (c) conditionally accept the relevant Deliverable on such terms and conditions as BCE considers appropriate, including a reasonable reduction of the applicable Fees; or (d) where a Deliverable has failed inspection and testing under clause 6.2 more than two times, reject the relevant Deliverable and terminate this Agreement, in which case BCE will then apply: within five be entitled to: (51) Business Days of receipt of such written confirmation obtain a refund from the Supplier that of any applicable Fees paid in relation to the Goods are ready relevant Deliverable within 30 days of the effective date of termination; and (2) pursue any remedy available to use, the Authority may carry out any such reasonable inspections BCE under this Agreement or at law. (e) Where BCE is satisfied after inspecting and testing of that a Deliverable has no apparent Defects, BCE will promptly notify the Goods as the Authority deems appropriate (in accordance with Supplier that it accepts the relevant manufacturers’ technical manuals relating Deliverable. Any inspection, testing or notification by BCE does not constitute any waiver of rights, or give rise to any estoppel, if the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) relevant Deliverable is later found not to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement GoodsAgreement.

Inspection and Testing. Once 9.1 Supplier agrees to allow Bourne Leisure’s authorised representatives to visit its premises and any other location which is in any way associated with this Contract to ensure that Supplier is discharging its responsibilities efficiently and to Bourne Leisure’s satisfaction. Supplier shall provide Bourne Leisure’s representatives all access for such purposes at its premises and other such locations, including the provision of test records and other documentation and the ability to observe and/or test any process or provision being carried out. Any such inspection or test, or failure to inspect or test, shall not in any way relieve the Supplier from any of its obligations hereunder. 9.2 Bourne Leisure shall have the right to inspect the Goods and/or Services at reasonable times during their manufacture or while being stored. 9.3 Before delivering the Goods and/or Services Supplier shall inspect and test them for compliance with the specification. If so requested by Bourne Leisure, Supplier shall permit Bourne Leisure to attend such inspection and testing and shall supply Bourne Leisure with copies of records relating thereto. 9.4 Notwithstanding Bourne Leisure’s right to inspect and test the goods pursuant to Clause 9.2 and 9.3 if the Goods do not comply with the Purchase Order and with the warranties contained in Clause 19, Bourne Leisure shall not be deemed to have accepted the goods or to have waived its right to reject the Goods or to have waived its right to invoke any of the remedies set out in this Contract by reason of its inspection and/or testing and/or approval of a sample of the Goods and/or Services or by reason of any defect in the Goods and/or Services which would have been installed and commissioned, the Supplier shall inform the Authority in writing that the Goods are ready for use. The following process will then apply: within five (5) Business Days of receipt of such written confirmation from the Supplier that the Goods are ready to use, the Authority may carry out any such apparent on reasonable inspections and inspection and/or testing of the Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. Services. 9.5 The issue by the Authority of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods provisions set out in Clauses 2.1 to 2.4 (inclusive) 9.5 and 16 shall apply, even if the failure of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance to comply with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods warranty as set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to Clause 19 or with the inspection order and testing of any substitute specification is only minor or replacement Goodsslight.

Inspection and Testing. Once A. HNS shall have the Goods have been installed and commissioned, the Supplier shall inform the Authority in writing that the Goods are ready for use. The following process will then apply: within five (5) Business Days of receipt of such written confirmation from the Supplier that the Goods are ready right to use, the Authority may carry out enter any such reasonable inspections and testing of the Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as BTL location where any part of the Contract Price, Commercial System is being manufactured and conduct an inspection solely for the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing purpose of the Goods; if the Authority on inspection and testing ensuring that BTL is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements terms and conditions of this Contract are delivered, installed, Agreement. Such inspection shall be carried out on at least one week's prior written notice to BTL and commissioned shall be performed so as to minimize the reasonable satisfaction impact and interference with BTL operations. Any such inspection will not be carried out more often than twice every six (6) months except in the case where BTL is found to be in violation of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards terms of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution ProcedureAgreement. In the event that BTL is found to be in violation of the Specification and Tender Response Document states that Goods terms of this Agreement it shall be installed given ninety (90) days to cure the violation or such longer period as the parties may agree. BTL shall notify HNS within the aforementioned stipulated time frame that the violation has been cured and commissioned on a phased basis and/or upon request, then HNS shall be entitled to conduct an inspection twice more within the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 succeeding six (inclusive6) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supplymonth period. In the event that HNS determines that BTL has not cured the Specification defect, this Agreement shall be subject to immediate termination and Tender Response Document stipulates a refresh programme and/or BTL shall immediately cease all manufacturing of the Commercial Systems using any DSS Equipment, provided, however, that substitute or replacement Goods shall otherwise be installed in accordance with notwithstanding the requirements termination of this Contract (to includeAgreement or the rights granted hereunder, without limitation, in connection with any Maintenance Servicesso long as such termination is not as a result of violation by BTL of Sections 28.A.(i), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusiveii) or (vii) of this Schedule 8 Agreement, for a period of ninety (90) days following termination of this Agreement or the rights granted hereunder, BTL shall apply be permitted to sell all of its remaining inventory of Commercial Systems, build and sell its remaining raw materials inventory of components and DSS Equipment into finished Commercial Systems and otherwise build and sell such additional Commercial Systems as are necessary to fulfill all then-existing firm purchase orders for Commercial Systems from BTL's customers. B. BTL will notify HNS when the first Commercial System has been completed and is ready for a full functionality test at least thirty (30) days in relation advance of such test, but in no event later than six months after the date hereof. HNS shall appoint a representative to observe the inspection test being carried out by BTL. This test shall demonstrate that the Commercial System is in full compliance with the terms and testing conditions of any substitute or replacement Goodsthis Agreement. HNS shall be liable for the travel and accommodation costs, meals, medical and insurance costs incurred by their representatives in respect of such inspections.

Inspection and Testing. Once the Goods have been installed and commissioned, the Supplier shall inform the Authority in writing that the Goods are ready for use. The following process will then apply: within five (5) Business Days of receipt of such written confirmation from the Supplier that the Goods are ready to use, the Authority may carry out any such reasonable inspections and testing of the Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 of this Schedule 8 that the Goods are ready to use. The issue by the Authority of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Inspection and Testing. Once the Goods have been installed and commissioned, the Supplier shall inform the Authority in writing that the Goods are ready for use. The following process will then apply: within five (5) Business Days of receipt of such written confirmation from the Supplier that the Goods are ready to use, the Authority may carry out any such reasonable inspections and testing of the Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating to the Goods and/or as otherwise set out in the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) to confirm that the Goods comply with the requirements of this Contract and are ready for use; as part of the Contract Price, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation to any such reasonable inspections and testing of the Goods; if the Authority on inspection and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 60.3 and 2.4 60.4 of this Schedule 8 7 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation in relation to such Goods on the sixth (6th) Business Day following receipt by the Authority of the written confirmation from the Supplier in accordance with Clause 2.1.1 60.1.1 of this Schedule 8 7 that the Goods are ready to use. The issue by the Authority of any Authority Confirmation shall be a confirmation that the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness of any installation and commissioning procedures shall remain with the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods set out in Clauses 2.1 60.1 to 2.4 60.4 (inclusive) of this Schedule 8 7 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 60.1 to 2.4 60.4 (inclusive) of this Schedule 8 7 shall apply in relation to the inspection and testing of any substitute or replacement Goods.

Inspection and Testing. Once WESCO reserves the Goods have been installed right to review your quality assurance and commissionedquality control procedures, and you shall at your expense furnish to WESCO a reasonable number of samples. WESCO may inspect and witness the progress of the work and, to ensure that the goods are being furnished in accordance with this purchase order, your testing: WESCO shall be granted access to all parts of your plant(s) or your sub- suppliers plant(s) engaged in the manufacturing or processing of this purchase order. The representative's inspection and witnessing of testing, the Supplier lack thereof, or lack of comment or other response from the representative shall inform in no way release you from any of your obligations under this purchase order. You shall ensure that this term becomes a part of your purchase orders to sub-suppliers for all goods or services which are used in the Authority in writing that the Goods are ready for useproducts purchased under this purchase order. The following process will then apply: within You and your sub-supplier shall notify WESCO at least five (5) Business Days calendar days in advance of receipt of such written confirmation from the Supplier that the Goods are ready to usedate any inspection or test can be made. If, for any reason, the Authority may carry out date should be set back, you shall telephone or wire WESCO immediately. Complete and accurate information is required to maintain the overall schedule. Unless otherwise stated, you shall furnish the status of engineering, material procurement, production and shipping information every fourteen (14) days, at minimum. YOU SHALL NOT SHIP THE GOODS FURNISHED UNDER THIS PURCHASE ORDER WITHOUT WESCO'S FINAL INSPECTION OR A PRIOR WRITTEN WAIVER OF INSPECTION FROM WESCO. VIOLATION OF THIS REQUIREMENT MAY RESULT IN AN AUTOMATIC REJECTION OF THE GOODS WITH SUBSEQUENT COSTS FOR RETURN OR OTHER ACTION AS WARRANTED TO YOUR ACCOUNT. EXCEPT AS OTHERWISE AGREED IN WRITING, ALL SHIPMENTS SHALL BE SUBJECT TO FINAL INSPECTION BY WESCO AFTER RECEIPT BY WESCO AT DESTINATION. If at any such reasonable inspections and testing time after delivery of the Goods as the Authority deems appropriate (in accordance with the relevant manufacturers’ technical manuals relating goods to the Goods and/or as otherwise set out in destination point any defect or deficiency should appear due to faulty workmanship, material or design or if the Specification and Tender Response Document and/or as otherwise agreed by the Parties in writing) goods or any part thereof fail to confirm that the Goods comply with meet the requirements of this Contract and are ready for use; as part of purchase order, WESCO shall have the Contract Priceright, the Supplier shall provide the Authority with all reasonable assistance and/or information requested by the Authority in relation addition to any rights it may have hereunder, to reject and return such reasonable inspections goods for either full credit or refund of monies paid, at its choice, all charges collect including incoming charges. Without limiting the foregoing right, WESCO shall have the additional right to require you promptly to replace, repair, or restore any faulty workmanship, material or design at your expense and testing of risk. You shall pay all transportation costs, if any, both ways between your plant or repair depot and the Goods; if the Authority on inspection destination point. If you are unable or unwilling to effect such prompt replacement, repair or restoration, WESCO may do so by using its own facilities or by outside contract and testing is of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements shall be entitled to charge you for its expenses directly or indirectly occasioned thereby. The provisions of this Contract and are ready for use, it paragraph shall issue an Authority Confirmation to this effect to the Supplier; if the Authority on inspection and testing is not of the view that the Goods have been supplied, installed and commissioned (as appropriate) in conformance with the requirements of this Contract and are ready for use, it shall inform the Supplier in writing and Clauses 2.3 and 2.4 of this Schedule 8 shall apply; and if the Authority chooses not to inspect and/or test the Goods, then the Authority shall be deemed to have provided an Authority Confirmation diminish, restrict or exclude the operation of any warranty implied or imposed by law. The making or failure to make any inspection of or payment for the goods or services covered by this purchase order shall in relation no way impair WESCO's right to such Goods on the sixth (6th) Business Day following receipt reject goods or services, nor be deemed to constitute acceptance by the Authority WESCO of the written confirmation from the Supplier goods or services, nor in accordance with Clause 2.1.1 of any way affect your obligations or WESCO's rights under this Schedule 8 that the Goods are ready to use. The issue by the Authority purchase order, notwithstanding WESCO's knowledge of any Authority Confirmation shall be a confirmation that non-conformity or defect, the correct Goods appear to have been supplied and reasonable installation and commissioning procedures look to have been followed by the Supplier in accordance with the requirements and standards substantially or ease of this Contract. It does not imply any acceptance of such Goods or any endorsement of such installation and commissioning procedures. Responsibility for supplying the Goods in accordance with the requirements and standards of the Contract and the appropriateness discovery of any installation and commissioning procedures shall remain with such non-conformity or defect, nor WESCO's failure to earlier reject the Supplier notwithstanding any such Authority Confirmation. Without prejudice to any other rights and remedies of the Authority under this Contract, in relation to any failure by the Supplier to supply, install goods or commission the correct Goods in accordance with the requirements and standards of this Contract, the Supplier shall, at its own expense as part of the Contract Price, forthwith re-supply, re-install and/or re-commission the Goods until such time as Goods in compliance with the requirements of this Contract are delivered, installed, and commissioned to the reasonable satisfaction of the Authority and the Authority has provided an Authority Confirmation to the Supplier to this effect. The Contract Price payable by the Authority under this Contract may be withheld by the Authority in full or part (to be determined at the Authority’s sole discretion) until the Goods are supplied, installed and commissioned in accordance with the requirements and standards of this Contract to the reasonable satisfaction of the Authority and the Authority has provided its Authority Confirmation to this effect. In the event of any Dispute between the Authority and the Supplier regarding the issue of an Authority Confirmation, the Dispute shall be dealt with in accordance with the Dispute Resolution Procedure. In the event that the Specification and Tender Response Document states that Goods shall be installed and commissioned on a phased basis and/or upon request, then the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply to the Goods within each phase and/or instance of supply. In the event that the Specification and Tender Response Document stipulates a refresh programme and/or that substitute or replacement Goods shall otherwise be installed in accordance with the requirements of this Contract (to include, without limitation, in connection with any Maintenance Services), then, following the installation and commissioning of the replacement Goods, the process for the inspection and testing of Goods set out in Clauses 2.1 to 2.4 (inclusive) of this Schedule 8 shall apply in relation to the inspection and testing of any substitute or replacement Goodsservices.