Common use of Testing and Commissioning Clause in Contracts

Testing and Commissioning. (i) Upon completion of construction of each STP Facility, in accordance with the requirements set out in this Concession Agreement, the Concessionaire shall issue a notice to BUIDCO, with a copy to NMCG, requiring it to be present at the STP Site on the date specified in such notice to undertake a final inspection of the completed STP Facility and conduct any tests required to ensure that the STP Facility complies with the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits. (ii) Within 5 days from the date of receipt of a notice under Clause 7.13(b)(i) above, BUIDCO may request the Concessionaire to vary the date of the final inspection and tests and the Concessionaire shall accommodate such request, provided that, such date shall be no later than 7 days from the date specified in the notice received from the Concessionaire under Clause 7.13(b)(i) above. (iii) The Concessionaire shall, on the date specified in the notice issued under Clause 7.13(b)(i) or on such other date as may be agreed with BUIDCO, carry out the tests in accordance with the instructions and under the supervision of BUIDCO, to demonstrate that the STP Facility complies with the requirements of Clause 7.6. (iv) If BUIDCO is not satisfied with the results of the tests or inspection, then the Concessionaire shall remedy any defects or deficiencies in the STP Facility, identified by BUIDCO or revealed through the tests and the STP Facility shall be tested again upon rectification of such defects or deficiencies. This process shall be repeated until such time that BUIDCO is satisfied that the STP Facility has been completed in accordance with Clause 7.6 and is safe and fit for purpose. The Concessionaire shall bear all costs of remedying the defects and deficiencies and retesting the STP Facility and shall not be entitled to any extension of time for remedying such defects or deficiencies or for retesting the STP Facility. (v) If BUIDCO is satisfied with the results of the tests and inspection of the STP Facility, BUIDCO shall issue the STP Milestone Completion Certificate in respect of the last STP Payment Milestone to the Concessionaire, with a copy to NMCG, within 7 days from the date of inspection and testing of the completed STP Facility. The issue of the STP Milestone Completion Certificate for the last STP Payment Milestone shall certify that the STP Facility has been completed in accordance with this Concession Agreement, the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits and the STP Facility is safe and fit for purpose. (vi) If BUIDCO fails to: (A) inspect or witness the testing of the STP Facility on the date specified in the notice issued under Clause 7.13(b)(i) or such other date as may be agreed with the Concessionaire; (B) notify the Concessionaire of any defects or deficiencies in the STP Facility within 7 days from the date of inspection and testing of the STP Facility; or (C) issue the STP Milestone Completion Certificate for the last STP Payment Milestone within 7 days from the date of inspection and testing of the STP Facility, then, such delay shall be treated as a Delay Event, which will entitle the Concessionaire to a day for day extension in the Scheduled STP Payment Milestone Completion Date and the Scheduled STP Construction Completion Date.

Testing and Commissioning. (i) Upon completion of construction of each STP Facility, in accordance with the requirements set out in this Concession Agreement, the Concessionaire shall issue a notice to BUIDCOthe Executive Agency, with a copy to NMCG, requiring it to be present at the STP Site on the date specified in such notice to undertake a final inspection of the completed STP Facility and conduct any tests required to ensure that the STP Facility complies with the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits. (ii) Within 5 days from the date of receipt of a notice under Clause 7.13(b)(i) above, BUIDCO the Executive Agency may request the Concessionaire to vary the date of the final inspection and tests and the Concessionaire shall accommodate such request, provided that, such date shall be no later than 7 days from the date specified in the notice received from the Concessionaire under Clause 7.13(b)(i) above. (iii) The Concessionaire shall, on the date specified in the notice issued under Clause 7.13(b)(i) or on such other date as may be agreed with BUIDCOthe Executive Agency, carry out the tests in accordance with the instructions and under the supervision of BUIDCOthe Executive Agency, to demonstrate that the STP Facility complies with the requirements of Clause 7.6. (iv) If BUIDCO the Executive Agency is not satisfied with the results of the tests or inspection, then the Concessionaire shall remedy any defects or deficiencies in the STP Facility, identified by BUIDCO the Executive Agency or revealed through the tests and the STP Facility shall be tested again upon rectification of such defects or deficiencies. This process shall be repeated until such time that BUIDCO the Executive Agency is satisfied that the STP Facility has been completed in accordance with Clause 7.6 and is safe and fit for purpose. The Concessionaire shall bear all costs of remedying the defects and deficiencies and retesting the STP Facility and shall not be entitled to any extension of time for remedying such defects or deficiencies or for retesting the STP Facility. (v) If BUIDCO the Executive Agency is satisfied with the results of the tests and inspection of the STP Facility, BUIDCO the Executive Agency shall issue the STP Milestone Completion Certificate in respect of the last STP Payment Milestone to the Concessionaire, with a copy to NMCG, within 7 days from the date of inspection and testing of the completed STP Facility. The issue of the STP Milestone Completion Certificate for the last STP Payment Milestone shall certify that the STP Facility has been completed in accordance with this Concession Agreement, the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits and the STP Facility is safe and fit for purpose. (vi) If BUIDCO the Executive Agency fails to: (A) inspect or witness the testing of the STP Facility on the date specified in the notice issued under Clause 7.13(b)(i) or such other date as may be agreed with the Concessionaire; (B) notify the Concessionaire of any defects or deficiencies in the STP Facility within 7 days from the date of inspection and testing of the STP Facility; or (C) issue the STP Milestone Completion Certificate for the last STP Payment Milestone within 7 days from the date of inspection and testing of the STP Facility, then, such delay shall be treated as a Delay Event, which will entitle the Concessionaire to a day for day extension in the Scheduled STP Payment Milestone Completion Date and the Scheduled STP Construction Completion Date.

Testing and Commissioning. (i) Upon completion of construction of each STP Facility, in accordance with the requirements set out in this Concession Agreement, the Concessionaire shall issue a notice to BUIDCOthe Jal ▇▇▇▇▇, with a copy to NMCG, requiring it to be present at the STP Site on the date specified in such notice to undertake a final inspection of the completed STP Facility and conduct any tests required to ensure that the STP Facility complies with the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits. (ii) Within 5 days from the date of receipt of a notice under Clause 7.13(b)(i) above, BUIDCO the Jal ▇▇▇▇▇ may request the Concessionaire to vary the date of the final inspection and tests and the Concessionaire shall accommodate such request, provided that, such date shall be no later than 7 days from the date specified in the notice received from the Concessionaire under Clause 7.13(b)(i) above. (iii) The Concessionaire shall, on the date specified in the notice issued under Clause 7.13(b)(i) or on such other date as may be agreed with BUIDCOthe Jal ▇▇▇▇▇, carry out the tests in accordance with the instructions and under the supervision of BUIDCOthe Jal ▇▇▇▇▇, to demonstrate that the STP Facility complies with the requirements of Clause 7.6. (iv) If BUIDCO the Jal ▇▇▇▇▇ is not satisfied with the results of the tests or inspection, then the Concessionaire shall remedy any defects or deficiencies in the STP Facility, identified by BUIDCO the Jal ▇▇▇▇▇ or revealed through the tests and the STP Facility shall be tested again upon rectification of such defects or deficiencies. This process shall be repeated until such time that BUIDCO the Jal ▇▇▇▇▇ is satisfied that the STP Facility has been completed in accordance with Clause 7.6 and is safe and fit for purpose. The Concessionaire shall bear all costs of remedying the defects and deficiencies and retesting the STP Facility and shall not be entitled to any extension of time for remedying such defects or deficiencies or for retesting the STP Facility. (v) If BUIDCO the Jal ▇▇▇▇▇ is satisfied with the results of the tests and inspection of the STP Facility, BUIDCO the Jal ▇▇▇▇▇ shall issue the STP Milestone Completion Certificate in respect of the last STP Payment Milestone to the Concessionaire, with a copy to NMCG, within 7 days from the date of inspection and testing of the completed STP Facility. The issue of the STP Milestone Completion Certificate for the last STP Payment Milestone shall certify that the STP Facility has been completed in accordance with this Concession Agreement, the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits and the STP Facility is safe and fit for purpose. (vi) If BUIDCO the Jal ▇▇▇▇▇ fails to: (A) inspect or witness the testing of the STP Facility on the date specified in the notice issued under Clause 7.13(b)(i) or such other date as may be agreed with the Concessionaire; (B) notify the Concessionaire of any defects or deficiencies in the STP Facility within 7 days from the date of inspection and testing of the STP Facility; or (C) issue the STP Milestone Completion Certificate for the last STP Payment Milestone within 7 days from the date of inspection and testing of the STP Facility, then, such delay shall be treated as a Delay Event, which will entitle the Concessionaire to a day for day extension in the Scheduled STP Payment Milestone Completion Date and the Scheduled STP Construction Completion Date.

Testing and Commissioning. (i) Upon completion of construction of each STP Facility, the Facilities and the restoration of the Associated Infrastructure in accordance with the requirements set out in this Concession Agreement, the Concessionaire shall issue a notice to BUIDCOthe Jal ▇▇▇▇▇, with a copy to NMCG, requiring it to be present at the STP Site on the date specified in such notice to undertake a final inspection of the completed STP Facility Facilities and Associated Infrastructure and conduct any tests required to ensure that the STP Facility complies Facilities and the Associated Infrastructure comply with the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits. (ii) Within 5 days from the date of receipt of a notice under Clause 7.13(b)(i) above, BUIDCO may the Jal Nigammay request the Concessionaire to vary the date of the final inspection and tests and the Concessionaire shall accommodate such request, provided that, such date shall be no later than 7 days from the date specified in the notice received from the Concessionaire under Clause 7.13(b)(i) above. (iii) The Concessionaire shall, on the date specified in the notice issued under Clause 7.13(b)(i) or on such other date as may be agreed with BUIDCOthe Jal ▇▇▇▇▇, carry out the tests in accordance with the instructions and under the supervision of BUIDCOthe Jal ▇▇▇▇▇, to demonstrate that the STP Facility complies Facilities and the Associated Infrastructure comply with the requirements of Clause 7.6. (iv) If BUIDCO the Jal ▇▇▇▇▇ is not satisfied with the results of the tests or inspection, then the Concessionaire shall remedy any defects or deficiencies in the STP FacilityFacilities and/or the Associated Infrastructure, identified by BUIDCO the Jal ▇▇▇▇▇ or revealed through the tests and the STP Facility Facilities and the Associated Infrastructure shall be tested again upon rectification of such defects or deficiencies. This process shall be repeated until such time that BUIDCO the Jal ▇▇▇▇▇ is satisfied that the STP Facility has Facilities and the Associated Infrastructure have been completed in accordance with Clause 7.6 and is are safe and fit for purpose. The Concessionaire shall bear all costs of remedying the defects and deficiencies and retesting the STP Facility Facilities and/or the Associated Infrastructure and shall not be entitled to any extension of time for remedying such defects or deficiencies or for retesting the STP FacilityFacilities and/or the Associated Infrastructure. (v) If BUIDCO the Jal ▇▇▇▇▇ is satisfied with the results of the tests and inspection of the STP FacilityFacilities and the Associated Infrastructure, BUIDCO the Jal ▇▇▇▇▇ shall issue the STP Milestone Completion Certificate in respect of the last STP Payment Milestone to the Concessionaire, with a copy to NMCG, within 7 days from the date of inspection and testing of the completed STP FacilityFacilities and Associated Infrastructure. The issue of the STP Milestone Completion Certificate for the last STP Payment Milestone shall certify that the STP Facility has Facilities and the Associated Infrastructure have been completed in accordance with this Concession Agreement, the Technical Specifications, the Designs and Drawings, Applicable Laws and Applicable Permits and the STP Facility is Facilities and the Associated Infrastructure are safe and fit for purpose. (vi) If BUIDCO the Jal ▇▇▇▇▇ fails to: (A) inspect or witness the testing of the STP Facility Facilities and the Associated Infrastructure on the date specified in the notice issued under Clause 7.13(b)(i) or such other date as may be agreed with the Concessionaire;; or (B) notify the Concessionaire of any defects or deficiencies in the STP Facility Facilities or the Associated Infrastructure within 7 days from the date of inspection and testing of the STP FacilityFacilities and the Associated Infrastructure; or (C) issue the STP Milestone Completion Certificate for the last STP Payment Milestone within 7 days from the date of inspection and testing of the STP FacilityFacilities and the Associated Infrastructure, then, such delay shall be treated as a Delay Event, which will entitle the Concessionaire to a day for day extension in the Scheduled STP Payment Milestone Completion Date and the Scheduled STP Construction Completion Date.