Common use of SITE ACCEPTANCE TESTS Clause in Contracts

SITE ACCEPTANCE TESTS. 10.1. Within 7 working days as of the date on which the Belt Loader has arrived to the Site, the Supplier shall notify the IAA that the Belt Loaders have been assembled, inspected and are ready to be tested, and the IAA, in the presence of the Supplier's representatives, shall conduct a series of acceptance tests in order to confirm that the Belt Loaders are in full compliance with the Technical Specification set in the SOW, as further specified in Chapter 3 (Acceptance Tests) of the SOW (the "SAT"). The IAA shall issue to the Supplier its report within 14 working day period from the date the supplier has advised the IAA that the Belt Loader is ready for conducting the SAT. 10.2. In the event that as a result of any inspection or test carried out under this section 10, the IAA has reason to believe that the Belt Loaders do not fully comply with Supplier's Proposal and/or with the SOW, the IAA shall inform the Supplier immediately in writing and the Supplier shall be responsible to take all steps as may be necessary remedy any defects and/or replace any part, at its expense, in order to ensure such compliance within reasonable time table set by the IAA in accordance with the type of rejects. In such event, the IAA shall conduct repeated acceptance tests by not later than 7 working days from the date set by the IAA for remedying such rejects. 10.3. Should the Belt Loaders successfully pass all SAT, the IAA will issue to Supplier a certificate of acceptance with respect to the Belt Loaders (the “Acceptance Certificate”). The issuance of the Acceptance Certificate is conditional upon the Supplier’s providing the IAA with the Warranty Guarantee as stipulated in Section 16.2 below. 10.4. All expenses incurred by the Supplier in the performance of the SAT shall be fully borne by the Supplier. 10.5. Failure by the Supplier to meet the SAT requirements as mentioned above will be regarded as a fundamental breach of the Contract. 10.6. For the avoidance of doubt, the issuance of any approval, confirmation and acceptance certificate issued by the IAA under this Section 10, shall not derogate from the full and complete responsibility of the Supplier, as stipulated in the Contract, including its responsibility for the supply of the Belt Loaders in accordance with the SOW and their fitness for their intended purpose, and shall not be deemed as a waiver by the IAA of any of its rights under this Contract, including, inter alia, the right to demand from the Supplier to remedy any non- compliance, at its own expenses, even if such non-compliance is discovered after the issuance of the Acceptance Certificate.

SITE ACCEPTANCE TESTS. 10.1. Within 7 working days as The SATs shall be approved by the appointed representative of the date Customer present at the site. The SAT can be started on which the Belt Loader has arrived basis of the test documentation pertaining to the SiteEquipment, approved and accepted in writing by the Supplier Customer. Any special equipment possibly required for the SATs shall notify be provided by the IAA that the Belt Loaders have been assembledSeller, inspected and are ready to be tested, and the IAA, in the at his own expense. The presence of the Supplier's representatives, Customer at the SAT shall conduct a series of acceptance tests in order to confirm that not limit the Belt Loaders are in full compliance with the Technical Specification set in the SOW, as further specified in Chapter 3 (Acceptance Tests) liability of the SOW (Seller regarding the "SAT")quality and performance of the Equipment. The IAA Seller shall issue send to Customer the Supplier its report within 14 working day period from proposed test methods for the date the supplier has advised the IAA that the Belt Loader is ready for conducting the SAT. 10.2. In the event that as a result of any inspection or test carried out under this section 10, the IAA has reason to believe that the Belt Loaders do not fully comply with Supplier's Proposal and/or with the SOW, the IAA shall inform the Supplier immediately in writing and the Supplier shall be responsible to take all steps as may be necessary remedy any defects and/or replace any part, at its expense, in order to ensure such compliance within reasonable time table set by the IAA SAT in accordance with Section 7.1.b of the type Contract. The SATs may only be commenced if the Contracting Parties have reached an agreement on the contents of rejectsthe testing procedures and the checks to be performed. In such event, During the IAA shall conduct repeated acceptance tests by SATs the Seller may not later than 7 working days from the date set by the IAA for remedying such rejects. 10.3. Should the Belt Loaders successfully pass all SAT, the IAA will issue to Supplier a certificate of acceptance with respect carry out any material (whether software or architecture) modifications to the Belt Loaders (Equipment, otherwise the “Acceptance Certificate”). The issuance of the Acceptance Certificate is conditional upon the Supplier’s providing the IAA with the Warranty Guarantee as stipulated in Section 16.2 below. 10.4. All expenses incurred by the Supplier in the performance of the given SAT shall be fully borne by deemed unsuccessful. If the Supplier. 10.5. Failure by Equipment is found not to conform to the Supplier requirements established for the SAT, Seller shall promptly take measures to meet remedy the defect and repeat the SAT requirements as mentioned above will at a mutually agreed time after the SAT being declared unsuccessful. If the SAT is interrupted due to an unexpected failure of a hardware component, Seller shall replace the defective component and continue the test. System parts containing software-driven components may be regarded as a fundamental breach restarted once after failure of the Contract. 10.6program during the SAT. For the avoidance of doubt, the issuance of any approval, confirmation and acceptance certificate issued by the IAA under this Section 10, shall not derogate from the full and complete responsibility of the Supplier, as stipulated in the Contract, including its responsibility for the supply of the Belt Loaders in accordance with the SOW and their fitness for their intended purpose, and Such events shall not be deemed as a waiver failure of the SAT and will not require the entire SAT to be repeated. The SAT shall be considered successful, if the process is undisturbed, and in the course of the process it can be ascertained that the Equipment is suitable for proper use and comply with the parameters and functionalities specified in the Technical Specifications. Following an unsuccessful SAT, the relevant test procedure (SAT) shall be repeated. All costs incurring out of the repeated SAT shall be borne by the IAA of any of its rights under this ContractSeller. If the third SAT is unsuccessful, including, inter alia, the Customer shall have the right to demand from cancel or terminate the Supplier to remedy any non- complianceContract in accordance with Section 22.2 of the Contract. The Customer shall have the right, at its own expensesdiscretion, to declare the SAT successful even if such non-compliance is discovered if, according to the Customer, the Equipment have minor defects or deficiencies, provided that the Seller undertakes the obligation to fully repair all defects and deficiencies at its own cost within the time limit set by the Customer. Should the Customer choose not to cancel or terminate the Contract as per the present Section, the Contracting Parties shall repeat the SAT according to the above provisions. Customer shall have the right to cancel or terminate the Contract after any further unsuccessful SAT. A report shall be prepared on the issuance results of the Acceptance CertificateSAT, regardless of whether successful or not, and shall be signed by the contact persons of both parties. On the basis of the report of a successful SAT, Customer shall issue the SAT Complete Protocol. On behalf of the Customer, the SAT Complete Protocols shall be signed by the person authorised to certify performance.

SITE ACCEPTANCE TESTS. 11 10.1. Within 7 working days as of the date on which the Belt Loader Diesel Tractors has arrived to the Site, the Supplier shall notify the IAA that the Belt Loaders Diesel Tractors have been assembled, inspected and are ready to be tested, and the IAA, in the presence of the Supplier's representatives, shall conduct a series of acceptance tests in order to confirm that the Belt Loaders Diesel Tractors are in full compliance with the Technical Specification set in the SOW, as further specified in Chapter 3 (Acceptance Tests) of the SOW (the "SAT"). The IAA shall issue to the Supplier its report within 14 working day period from the date the supplier has advised the IAA that the Belt Loader Diesel Tractors is ready for conducting the SAT. 10.2. In the event that as a result of any inspection or test carried out under this section 10, the IAA has reason to believe that the Belt Loaders Diesel Tractors do not fully comply with Supplier's Proposal and/or with the SOW, the IAA shall inform the Supplier immediately in writing and the Supplier shall be responsible to take all steps as may be necessary remedy any defects and/or replace any part, at its expense, in order to ensure such compliance within reasonable time table set by the IAA in accordance with the type of rejects. In such event, the IAA shall conduct repeated acceptance tests by not later than 7 working days from the date set by the IAA for remedying such rejects. 10.3. Should the Belt Loaders Diesel Tractors successfully pass all SAT, the IAA will issue to Supplier a certificate of acceptance with respect to the Belt Loaders Diesel Tractors (the “Acceptance Certificate”). The issuance of the Acceptance Certificate is conditional upon the Supplier’s providing the IAA with the Warranty Guarantee as stipulated in Section 16.2 below. 10.4. All expenses incurred by the Supplier in the performance of the SAT shall be fully borne by the Supplier. 10.5. Failure by the Supplier to meet the SAT requirements as mentioned above will be regarded as a fundamental breach of the Contract. 10.6. For the avoidance of doubt, the issuance of any approval, confirmation and acceptance certificate issued by the IAA under this Section 10, shall not derogate from the full and complete responsibility of the Supplier, as stipulated in the Contract, including its responsibility for the supply of the Belt Loaders Diesel Tractors in accordance with the SOW and their fitness for their intended purpose, and shall not be deemed as a waiver by the IAA of any of its rights under this Contract, including, inter alia, the right to demand from the Supplier to remedy any non- non-compliance, at its own expenses, even if such non-compliance is discovered after the issuance of the Acceptance Certificate.