Common use of Notice of Commencement; Completed Reliability Test Clause in Contracts

Notice of Commencement; Completed Reliability Test. Within 30 days after Substantial Completion, Contractor shall perform an * day test of the operations of the Project conducted in accordance with the applicable protocols and guidelines set forth in Appendix C (the “Reliability Test”). Contractor shall give Owner at least 10 days’ advance Notice before the commencement of the Reliability Test. After Contractor has completed the Reliability Test demonstrating all of the performance requirements set forth in Appendix C necessary to achieve at least the Minimum Reliability Requirement, it shall give Notice to Owner and the Owner Engineer that it nominates such Reliability Test as a “Completed Reliability Test.” Such Notice will be accompanied by a preliminary test report for such Completed Reliability Test as soon as reasonably practicable but in no event more than 24 hours after the completion of such Completed Reliability Test (or as soon thereafter as such reports are first available to Contractor) providing a summary of the Reliability Test on which it is based and including all raw data taken during such Reliability Test, and a final test report as soon thereafter as possible. A final Completed Reliability Test report must be delivered to Owner in accordance with Appendix C. Contractor shall include sufficient results of testing in the preliminary test report to allow Owner to reasonably determine that there is a high probability that the final test results will confirm that at least the Minimum Reliability Requirement has been achieved. As soon as practicable, but in any event within 10 Business Days after receipt of Notice by Owner and the Owner Engineer, Owner shall give Notice to Contractor either concurring with, indication it cannot confirm concurrence, or rejecting the Completed Reliability Test report and stating its reasons for such Notice, as the case may be. Such procedure shall be repeated until Contractor submits a Notice demonstrating Project performance necessary to achieve at least the Minimum Reliability Requirement. Subject to Article 17, if Contractor’s Notice of a Completed Reliability Test is rejected by Owner, such test shall not constitute a Completed Reliability Test.