Repetition of Tests. (a) If any Performance Test is not conducted in accordance with the requirements of this Agreement or fails to demonstrate satisfaction of the applicable Performance Requirements, then Contractor shall, as part of the Work, (a) promptly take all actions necessary to correct any deficiencies in order to cure such failure, and (b) re-perform the Performance Tests as many times as required until achievement of the applicable Performance Requirements is demonstrated pursuant to this Agreement. (b) If a Change Event causes a failure to pass a Performance Test, then Contractor work will be reimbursed on a time and materials basis for the conduct of a re-test.
Appears in 2 contracts
Sources: Engineering, Procurement and Construction Agreement (Ada-Es Inc), Engineering, Procurement and Construction Agreement (Ada-Es Inc)