Common use of TESTING AND COMMISSIONING OF THE COMPLEX Clause in Contracts

TESTING AND COMMISSIONING OF THE COMPLEX. (a) Upon successful completion of Pre-Commissioning Tests, the Seller shall certify to the Engineer (with copy to the Purchaser) that: (i) such Pre-Commissioning Tests, have been successfully completed; (ii) the results of such tests are adequate to demonstrate that the design, installation and performance (including energy production and the reliability thereof) of the Complex, and all of the components thereof, meet or exceed the requirements of Schedule 7, the manufactures’ requirements for construction and installation of all equipment and facilities, the Specifications, and the requirement and determinations of the IEC; and (iii) the design, construction and installation of the Complex and components thereof do not restrict, adversely affect or void any manufacturers’ warranties or any material part thereof. (b) Following the Seller’s certification specified in Section 8.3(a), the Seller shall carry out the Reliability Run Test of the entire Complex as indicated in Schedule 7. The Purchaser shall be given not less than seventy-two (72) hours prior notice by the Seller of the Reliability Run Test and any retest of any part thereof. The Purchaser and its representatives shall be allowed to be present at and observe all such tests. After the successful completion of the Reliability Run Test for the entire Complex, the Engineer shall issue the Certificate of Commissioning of the Complex to the Purchaser and the Seller. (c) The Commercial Operations Date shall occur as of the first Day after the Day the Certificate of Commissioning of the Complex is issued by the Engineer pursuant to Section 8.3(b).

TESTING AND COMMISSIONING OF THE COMPLEX. (a) Upon successful completion of Pre-Commissioning Testssuch minimum tests under the EPC Contract as are in the opinion of the Engineer necessary for the purposes of readying the Complex for Commissioning, the Seller shall certify to the Engineer (with copy to the Purchaser) that: (i) such Pre-Commissioning Tests, minimum number of tests under the EPC Contract as aforesaid have been successfully completed; (ii) the results of such tests are adequate to demonstrate that the design, installation and performance (including energy production and the reliability thereof) of the Complex, and all of the components thereof, meet or exceed the requirements of Schedule 7the EPC Contract, the manufactures’ requirements for construction and installation of all equipment and facilities, the Specifications, and the requirement and determinations of the IEC; and (iii) the design, construction and installation of the Complex and components thereof do not restrict, adversely affect or void any manufacturers’ warranties or any material part thereof. (b) Following the Seller’s certification specified in Section 8.3(a), the Seller shall carry out the Reliability Run Test Commissioning Tests of the entire Complex as indicated in Schedule 7Complex. The Purchaser shall be given not less than seventy-seventy- two (72) hours prior notice by the Seller of the Reliability Run Test Commissioning Tests and any retest of any part thereof. The Purchaser and its representatives shall be allowed to be present at and observe all such tests. After the successful completion of the Reliability Run Test Commissioning Tests for the entire Complex, the Engineer shall issue the Certificate of Commissioning of the Complex to the Purchaser and the Seller. (c) The Commercial Operations Date shall occur as of the first Day after the Day the Certificate of Commissioning of the Complex is issued by the Engineer pursuant to Section 8.3(b).